KANNAN Vs. STATE

JUDGEMENT

(1.) THE accused in Sessions Case No.52 of 2000 on the file of the Principal Sessions Judge (Special Court under the SC & ST Act), Chengalpattu, has preferred the present appeal against his conviction for an offence under Section 3 (1) (x) of THE Scheduled Castes and THE Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as the Act) and the punishment imposed thereon by the judgment of the Sessions Court, dated 19.06.2002.

(2.) THE case of the prosecution in brief can be stated thus; i) PW1, Chelladurai was a member of the Scheduled Caste and he was functioning as Treasurer of Ambedkar Makkal Iyakkam. For the timber purchased from the accused, he had paid a sum of Rs.3,500/- and according to him, no amount was due regarding the said dealing. On 16.07.1998 PW1 had gone to Kanchipadi Village in connection with his business. While he was talking with one Govindasamy Reddy near Dhroupathy Amman Temple at Kachipadi, the appellant/accused who was already present in the said place of occurrence, demanded a sum of Rs.500/- from PW1. PW1 replied no amount was due from him. Enraged by the said reply the accused made an attempt to assault PW1. As PW1 showed resistance, the appellant/accused insulted him in the presence of others mentioning the name of his caste and threatening to beat him with slipper. Govindasamy, Palayam, Dhandukan and PW2-Arumugam were the eye witnesses to the occurrence, who pacified the accused as well as PW1 and prevented further untoward incident. THEreupon, Challadurai (PW1) gave a type- written complaint under Ex.P1 to the Sub Inspector of Police, Kanakamma Chatram Police Station. PW4- Parthasarathy Raja, the then Sub Inspector of Police attached to the said police station, received the said complaint and registered a case in Cr.No.381 of 1998 at Kanakamma Charam Police Station for offences punishable under Sections 341 and 294(B) IPC and 3(x) of the Act (THE case seems to have been registered under Section 3(x) of the Act instead of the correct provision 3(1)(x) of the Act). PW6-Sanjaynag, who was working as the Joint Superintendent of Police, Thiruthani, took up the investigation of the case, visited the scene of occurrence, prepared necessary documents, examined the witnesses and recorded their statement and also instructed the Inspector of Police to obtain the community certificate of the accused as well as PW1 from the Tahsildar. As he was transferred before ever he could complete the investigation, his successor, namely PW7-Shalini Singh, who took charge as Assistant Superintendent of Police, Thiruthani, took up further investigation of the case, completed the investigation and submitted a final report alleging commission of an offence punishable under Section 3(1)(x) of the Act. After furnishing copies under Section 207 Cr.P.C. and following the necessary formalities, the committal Magistrate namely, the learned Judicial Magistrate No.2, Thiruthani, committed the case for trial to the Principal Sessions Judge, Chengalpattu (Special Court under the SC and ST Act).

(3.) AGGRIEVED by the said order of conviction and sentence, the appellant/accused has brought forth this appeal before this Court on various grounds set out in the appeal petition.