LAWS(MAD)-2017-2-137

MANIKANDAN Vs. THE STATE REP. BY ITS THE DEPUTY SUPERINTENDENT OF POLICE, ULUNDURPET POLICE STATION, VILLUPURAM DISTRICT (CRIME NO.136/2011)

Decided On February 03, 2017
MANIKANDAN Appellant
V/S
The State Rep. By Its The Deputy Superintendent Of Police, Ulundurpet Police Station, Villupuram District (Crime No.136/2011) Respondents

JUDGEMENT

(1.) The appellant is the sole accused in Spl.S.C.No.223 of 2015 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under SC/ST (Prevention of Atrocities) Act, 1989, Villupuram. He stood charged for offences under Sections 436 I.P.C., r/w Sec. 3(2)(iv) of SC/ST Act. By judgment dated 29.11.2016, the trial Court convicted him under Sec. 436 r/w 3(2)(iv) of SC/ST Act and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 in default to undergo imprisonment for three years and six months. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) The case was taken up for investigation by P.W.12, the then Deputy Superintendent of Police, Ulundurpettai Division. He went to the place of occurrence; prepared an observation mahazar; rough sketch and recovered some burnt materials and recorded the statement of some witnesses. During the course of investigation, he arrested the accused on 05.04.2011. He obtained the community certificate both for accused as well as P.W.1. On completing investigation, P.W.12, laid charge sheet against the accused.