DESU SRINIVASULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Sole accused in Sessions Case No.3 of 2008 on the file of the Court of the Special Judge for trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Prakasam Division at Ongole, is the appellant in the present Criminal Appeal, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'). The learned Special Judge, by way of the judgment dated 25.05.2009, convicted the appellant herein/accused of the offence punishable under Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act, 1989') and sentenced him to undergo simple imprisonment for a period of six months and to pay fine of Rs.500/- in default to suffer simple imprisonment for a period of 15 days.

(2.) Case of the prosecution, in nut shell, is that P.W.1, Eri Balachandra Mohan, who belongs to Scheduled Caste community, lodged Ex.P1-report dated 15.05.2007 with C.S.Puram police station alleging that on 15.05.2007 at about 12.50 noon, he went to Syndicate Bank, Ambavaram for a loan to establish a brick kiln industry, and the appellant herein/ accused was the Branch Manager of the Bank, who demanded Rs.30,000/- as commission, but P.W.1 agreed for Rs.10,000/-; that in that connection, a quarrel took place and the appellant herein/accused abused P.W.1 in vulgar language touching his case and had thrown papers on his face; that on that P.W.1 went to the police station and lodged Ex.P1-report on 17.5.2007, basing on which police registered crime No.25 of 2007 for the offence punishable under Section 3 (1) (x) of the Act, 1989, and after conclusion of investigation, laid the charge sheet.

(3.) In order to substantiate its case, prosecution examined P.Ws.1 to 9 and exhibited Exs.P1 to P14. On defence side, no oral evidence is adduced, but Exs.D1 and D2-relevant portions of Section 161 (3) Cr.P.C. statements of P.Ws.3 and 4 were filed.