T K PALANISAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S. C. No. 116 of 2001 on the file of the Principal Sessions Judge, Erode. The accused, who has been convicted and sentenced under Section 3 (1) (x) of the SC/st (Prevention of Atrocities) Act, [herein after referred to as 'the Act' and under Section 341 and 332 IPC, is the appellant herein.

(2.) THE learned trial judge, after furnishing copies under Section 207 of Cr. P. C. , on his appearance, framed charges under Section 3 (1) (x) of the Act, and under Sections 341, 332 and 506 (ii) IPC and explained to the accused and when questioned, the accused pleaded not guilty. Before the trial Court P. W. 1 to P. W. 6 were examined and Ex. P. 1 to Ex. P. 9 were marked.

(3.) P. W. 1 is the complainant. He is working as an environmental assistant in Perudurai Panchayat. According to him, while he was on duty on 21. 4. 2001 at about 9. 00 am near old post-office Perundurai attending to cleansing the toilet along with P. W. 4-Kandan, the accused came there and prevented them from proceeding with their work and when they refused to heed to his appeal, he abused by his (P. W. 1's) caste (rf;fpyp jhnahsp) and asked them to go out of the place. Immediately the accused had kicked on the right hip and due to that he fell unconsciously. When P. W. 4-Kandan, his co-worker intervened, the accused pushed him down and stamped on his chest. Immediately he went to his office and preferred a complaint to the Supervisor Periyasamy and also to Executive Officer. Since he has developed chest pain he went to the government hospital Perundurai and was admitted in the said hospital by the doctor therein as an inpatient for four days. While he was taking treatment in the hospital, a police officer from Perudurai Police Station came to the hospital and recorded his statement, which is Ex. P. 1.