BASKAR Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant against the order of acquittal passed by the learned learned Second Additional Sessions Judge, Tirunelveli, Tirunelveli District in S.C.No.58 of 2005, dated 27.11.2007.

(2.) The accused Nos.1 and 2, in the Court of learned learned Second Additional Sessions Judge, Tirunelveli, Tirunelveli District, are the appellants herein. The accused were prosecuted by the learned Second Additional Sessions Judge, Tirunelveli, Tirunelveli District for the alleged Commission of offences Under Sections 294(b) and 427 IPC and Section 3(1) (x) of Scheduled Caste and Scheduled Tribne (PA) Act (herein after called as 'Act'). The trial Court vide judgment dated 27.11.2007 has convicted them for the commission of the said offences and imposed the following sentence: Offence under Section Sentence Section 294(b) IPC 3 months Rigorous Imprisonment. Section 427 IPC 6 months Rigorous Imprisonment with fine of Rs.1,000/- with default sentence of one month Simple Imprisonment. Section 3(1) (x) of SC/ST Act 6 months Rigorous Imprisonment with fine of Rs.1,000/- with default sentence of one month Simple Imprisonment. The sentences of imprisonment were ordered to run concurrently and set off was also granted under Section 428 Cr.P.C.

(3.) The facts leading to the filing of this appeal briefly narrated are as follows: