C.SELVARAJ Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is filed, against the judgement of conviction and sentence, dated, 5. 4. 2015, made in Special SC. No. 180 of 2015, by the Sessions Judge, Special Court for Exclusive Trial of Case, registered under the SC/ST (Prevention of Atrocities) Act, 1989, convicting and sentencing each of the Appellants/A1 to A3 for the offence under Section 341 of IPC to undergo Simple Imprisonment for one month and to pay a fine of Rs. 500/- each, in default, to undergo Simple Imprisonment for seven days and convicting and sentencing the Appellants/A1 and A2 for the offence under Section 323 of IPC to undergo Simple Imprisonment for one year and to pay a fine of Rs. 3,000/- each, in default to undergo Simple Imprisonment for three months and convicting and sentencing the Appellants/A1 to A3 for the offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 to undergo Simple Imprisonment for one year and to pay a fine of Rs. 3,000/- each, in default to undergo Simple Imprisonment for three months.

(2.) The Respondent had laid the charge sheet against the Appellants/A1 to A3, alleging that on 15.6.2013 at 16.00 hours, near the small bridge 3/5, below the pond at Kodiyam Village, the Appellants/ accused stopped the van bearing Reg. No. TN 07 J 3984, which was carrying women for work for Auro Food Biscuit Company and that the Appellants/ accused had quarrelled with the driver, namely, Iyappan and that the Appellant/A1 had hurled a stone on the back side glass of the Van and caused damage to the backside glass and caused head injury to the witness Alamelu. It was further alleged that one Devaraj, the victim had questioned the Appellants/Accused as to why they were causing problem and the Appellants/Accused had scolded the victim with filthy language by calling him by his caste name and that the Appellants had caught hold of the victim and pushed him from the bridge and the Appellants/A1 and A2 jumped over the victim and caused injury in the head of the victim by using stone. Hence, the Appellants/A1 and A2 had committed the offences under Sections 341 , 294(b) , 323 , 324 and 506(ii) of IPC read with Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 and A3 had committed the offences Sections 341 , 294(b) and 506(ii) of IPC read with Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 and the Appellants/A1 to A3 had committed the offences Sections 341 , 294(b) , 323 , 324 , 506(ii) and 34 of IPC read with Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989.

(3.) The case was taken on file in SC. No. 180 of 2015, by the Sessions Judge, Special Court for Exclusive Trial of Case registered under the SC/ST (Prevention of Atrocities) Act, 1989 and necessary charges were framed. The accused had denied the charges and sought for trial. In order to bring home the charges against the accused, the prosecution examined PW. 1 to PW. 9 and also marked Exs. P1 to P8.