THANGARASU Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374(2) Cr.P.C. by the accused Nos. 1 and 3 in S.C. No. 176 of 2001 on the file of the Court of the Principal Sessions Judge, Erode, challenging the judgment of the said Court dated 18.4.2002 made in the above said sessions case convicting them for offences punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, and Sections 447, 323 and 379 IPC and imposing a sentence of six months rigorous imprisonment and a fine of Rs. 2,000/- with a default sentence of three months rigorous imprisonment for the offence punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, three months rigorous imprisonment for the offence under Section 447 IPC, six months rigorous imprisonment for the offence under Section 323 IPC and rigorous imprisonment for one year for the offence under Section 379 IPC. The trial Court has ordered that the sentences shall run concurrently.

(2.) The case of the prosecution, in brief, can be stated as follows:

(3.) As the jurisdictional Deputy Superintendent of Police was on leave, P.W.I 1, the then Deputy Superintendent of Police, Gopichettipalayam, who was also in-charge of Bhavani Division received the intimation regarding the registration of the case given by P.W. 10 over phone, went to Vellithiruppur got the copy of the first information report and took up the case for investigation. During investigation, he prepared Exhibit P-1 -Observation Mahazar and Exhibit P-2-rough sketch in the presence of P.W.5 and another, recorded the statements of witnesses and gave requisition to the Tahsildar, Bhavani to issue community certificates to the concerned prosecution witnesses and for the accused. Thereafter, P.W. 12, the then Deputy Superintendent of Police, Bhavani, who joined duty after expiry of leave, conducted further investigation, got the community certificates of accused persons marked as Exhibits P-9 to P-12 from the Zonal Deputy Tahsildar (P.W.9) and that of P.Ws.l to 4, the de facto complainant Thangarasu and Kaliammal (wife of P.W.3) marked as Exhibit P-13 to P18 from the Tahsildar, examined the Branch Manager of TIIC, Erode, recovered the tractor (M.0.1) under Exhibit P-3-Seizure Mahazar in the presence of P. W.6-VAO and another witness, completed the investigation and submitted a final report alleging that accused 1 to 4 had committed offences punishable under Sections 447, 324, 323, 379 IPC and Section 3(1 )(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The same was taken on file as P.R.C.No. 14 of 2001 on the file of the learned Judicial Magistrate, Bhavani. After supplying copies of the documents proposed to be relied on by the prosecution, under Section 207 Cr.P.C, the case was committed under Section 209(a) Cr.P.C. to the Court of Principal Sessions Judge, Erode, who was the special judge for trial of offences under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 The learned Principal Sessions Judge (Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.) took it on file as S.C. No. 176 of 2001. Charges were framed for offences punishable under Section 447 IPC, Section 3(l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 379 IPC (charge Nos. 1,2 and 5) against all the accused, for an offence punishable under Section 324 IPC (charge No. 3) against accused Nos. 2 to 4 and for an offence punishable under Section 323 IPC (charge No. 4) against the first appellant/first accused. All the accused persons denied the respective charges made against them, pleaded not guilty and wanted the case to be tried.