SELVAM @ KALAISELVAM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment passed in S.S.C.No.44 of 2012, dated 14.08.2014, on the file of the learned I Additional District Sessions Judge (PCR), Thanjavur.

(2.) The appellant is the sole accused in this case. The appellant was tried by the Trial Court for the offences under Sections 426, 355, 323 r/w 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989. On conclusion of trial, the trial Court had acquitted the appellant for the offences under Sections 426 , 355 , 323 I.P.C., and convicted for the offence under Section 3 (1) (X) of the SC / ST (Prevention of Atrocities) Act, 1989 and sentenced him to undergo two years Rigorous Imprisonment and to pay a fine amount of Rs.500/- indefault to undergo three months Rigorous Imprisonment. Against which, the present Appeal has been filed.

(3.) The case of the prosecution is that on 04.09.2007 at about 02.00 p.m., when P.W.1 and P.W.4 along with Mohanraj were taking bath at Ayyanar tank, Vilangudi Village, at that time, the appellant, who was having lands nearby, came there, questioned P.W.1 about taking bath in the public tank, taking offensive of P.W. 1, belonging to Scheduled Caste community, the appellant calling P.W.1 by his caste name. When the same was questioned by P.W.1, P.W.4 and Mohanraj, P.W.1 was beaten with a wooden log, his shirt was burnt and others were also attacked, thereafter, P.W.5 / uncle of P.W.1, who had come back, took P.W.1 lodged a complaint before the respondent Police. P.W.7-Deputy Superintendent of Police registered the complaint, visited the scene of occurrence, prepared Observation Mahazar and thereafter, enquired the witnesses and filed charge sheet in this case.