E MADASAMY Vs. DEPUTY SUPERINTENDENT OF POLICE, SANKARANKOVIL

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment dated 31.08.2007 passed in S.C.No.30 of 2004 by the II Additional Sessions Judge, Tirunelveli.

(2.) The appellant herein is the sole accused in S.C.No.30 of 2004 on the file of the II Additional District Judge, Tirunelveli. On the allegations of assaulting P.W.1 Natarajan, on 25.12003 at about 130 noon at Vellappaneri bus stop and for abusing him in filthy language by using his caste name and finally, for causing simply injury, the appellant has been prosecuted under Sections 341, 294(b), 323, 506(i) IPC and Section 3(1)(x) of SC/ST (P & A) Act in Crime No.301 of 2003. The Trial Court acquitted the appellant under Section 506(i) IPC & Section 3(1)(x) of SC/ST (P & A) Act and convicted under Sections 341, 294(b) & 323 IPC and sentenced him to undergo 1 month S.I. for the offence under Section 341 IPC and further, sentenced to undergo 2 months R.I. and to pay a fine of Rs.200/- in default to undergo 1 month S.I. for the offence under Section 294(b) IPC and further, sentenced to undergo 6 months R.I. and to pay a fine of Rs.500/- in default to undergo 2 months S.I. for the offence under Section 323 IPC and all the sentences were ordered to be run concurrently.

(3.) The case of the prosecution is that on 25.12.2003 at about 12.30 hours, when P.W.1 Natarajan has gone to Vellappaneri bus stop, at that time, the appellant / accused abused him in filthy language by using his caste name and attacked with a stick on the left hand wrist and left leg knee and thereby caused injury and also threatened him with dire consequences and ran away from the scene of occurrence.