SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) THE first accused in S.C.No.276 of 2001 on the file of the Principal Session Judge/Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, who was prosecuted for i) an offence punishable under Section 3(1)(x) of the above said Act, ii) an offence punishable under Section 341 I.P.C. And iii) an offence punishable under Section 324 I.P.C., found guilty of and convicted for the offences under Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 324 of I.P.C. sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.1,000/- with a direction to undergo rigorous imprisonment for a further period of two months in default of payment of fine in respect of the offence under Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to pay a fine of Rs.1,000/- with a direction to undergo rigorous imprisonment for two months in respect of the offence under Section 324 of I.P.C., has brought forth the Criminal Appeal against the said conviction recorded and sentence passed by the trial judge by judgment dated 12.07.2002.

(2.) BASED on the complaint of P.W.1 marked as Ex.P1, a case was registered on 02.08.2000 in Crime No.268/2004 on the file of Annur Police Station for alleged offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 341 and 324 of Indian Penal Code against the appellant herein (A1) and one Subramaniam, son of Ramasamy Gounder (A2), both residents of Kanuvakkarai within the jurisdiction of Annur Police Station. P.W.6, the then Deputy Superintendent of Police, Avinashi after investigation submitted a final report on the file of the learned Judicial Magistrate, Avinashi alleging commission of the offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 341 and 324 of IPC by the aforesaid accused persons. The learned Judicial Magistrate, Avinashi took it on file as P.R.C.No.1/2001 and after furnishing copies of the records relied on by the prosecution under Section 207 of Criminal Procedure Code, committed the case for trial to the Principal Sessions Judge/Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the alleged offence under Section 3(1)(x) of the said act was exclusively triable by the Sessions Judge (Special Judge).

(3.) THE case of the prosecution, in brief, can be stated thus:- P.W.1 - R. Sukkan is the brother of P.W.2 - R.Bannari. THE appellant herein (A1) and Subramaniam (A2) owed a sum of Rs.250/- to P.W.2. On 02.08.2000 at about 5.00 p.m., near Pattathu Arasiamman Koil at Kanuvakkarai, P.W.2 met the accused 1 and 2 and asked them to pay the above said amount due to him, pursuant to which he was assaulted by the accused 1 and 2. P.W.1 who by chance arrived at that place, questioned the propriety of the said act of the accused persons. Immediately, the accused persons abused him using the name of his caste and assaulted him with their hands. Sensing danger, P.W.1 ran towards his house to escape from the accused. P.W.2 also followed him. Accused 1 and 2 chased P.W.1 and intercepted him near his house at a distance of 30 feet. THE first accused/appellant attacked him with an iron rod (used as Tractor wheel spanner) and caused injury on the occipital region of the head of P.W.1. At the same time the second accused attacked P.W.1 and caused injuries on his face by using a blade. Thus, according to the prosecution version, both the accused had committed offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 341 and 324 IPC. A case was registered on the basis of Ex.P1 " complaint lodged by P.W.1 on the file of Annur Police Station. P.W.1 was referred to the hospital for treatment and was admitted in Annur Government Hospital. THE Accident Register prepared by Medical Officer is Ex.P10. THE Medical Officer has certified the injuries sustained by P.W.1 to be simple in nature. P.W.6 - Thiru K.R. Rangarajan, the Deputy Superintendent of Police, Avinashi, took up the case for investigation, visited the place of occurrence and prepared Ex.P2 - Observation Mahazar and P8 - Rough Sketch in the presence of P.W.3 - D. Padmanabhan, the then Village Administrative Officer, Kanuvakkarai and one Kumaran son of Raman. P.W.6 also arrested the accused persons on 03.08.2000, recorded the confession statement of the appellant/A1 admissible portion of which has been marked as Ex.P9 and recovered MO.1 under Ex.P3 Mahazar in the presence of the above said witnesses.