V MUNIYAN Vs. PERIYAPPU @ VIJAYAVEL

JUDGEMENT

(1.) This Criminal Appeal has been filed by the victim / P.W.1 against the Judgment of the Principal District and Sessions Court, Erode, dated 21.10.2011 acquitting the respondents 1 and 2 / accused 1 and 2 for the offences under Section 447 IPC, 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and A2 also for the offence under Section 355 and 323 IPC.

(2.) The case of the prosecution is that the appellant / defacto-complainant Muniyan belongs to Hindu Chakkaili of Scheduled Caste community and the accused 1 and 2 belong to Hindu Kongu Velalar Backward Community. The complainant Muniyan took 1 1/2 acres land belonging to P.W.5 Subramaniam through the first accused for lease. The complainant refused the request of A1 to sell the haystack to him. Due to that at 7 a.m on 04.02011 when the paddy harvest was in process with the coolie workers in the land of Subramaniam, A1 and A2 trespassed into the land and scolded the complainant by degrading his caste in the presence of others and the second accused assaulted P.W.1 with chappal and thus they committed the offences.

(3.) The learned District Munsif-cum-Judicial Magistrate, Kodumudi after furnishing copies to the accused committed the case to the Court of Sessions, Erode. The District and Sessions Court, Erode after framing of charges put the accused on trial as they pleaded not guilty to the charges. After examination of prosecution witnesses and marking of documents, incriminating evidence appeared against the accused was put to them under Section 313(1)(b) Cr.P.C and they denied their complicity with the crime.