DEGUMATI HAZARATH REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is filed by accused Nos. 2, 4, 5, 6 and 11 against the judgment dated 23-1-1995 made in C.C. No. 40/1992 on the file of the Special Sessions Judge, Guntur under S.C. and S.T. (Prevention of Atrocities) Act, 1989 (for short 'the Act').

(2.) A-1, A-2, A-4, A-5 and A-6 are convicted under Section 323 r/w Section 149, IPC. A-1, A-4 and A-11 are further convicted of offence under Section 3(i)(xi) of the Act. The other accused are acquitted for the charges framed against them. It is not in dispute that the Sub-Inspector of Police, Chinakraka P.S. laid a charge sheet against all the appellants herein and others directly before the learned Special Sessions Judge, who in turn took the cognizance of the offence and taken on file and held that the appellants are guilty for the aforesaid offences. A-1, A-2, A-4, A-6 and A-11 are sentenced to undergo Rigorous Imprisonment for six months each for the offence under Section 147, IPC. A-1, A-2, A-4 and A-6 are sentenced to undergo Rigorous Imprisonment for 3 months each for the offence under Section 323 r/w Section 149, IPC. Each of A-1 and A-4 are sentenced to undergo Rigorous Imprisonment for 3 years and A-1 is sentenced to undergo Rigorous Imprisonment for one year and also to pay a fine of Rs. 100/- each for the offence under Section 3(i)(xi) of the Act, in default, to undergo Simple Imprisonment for one month. The sentences of A-1, A-2, A-4 and A-6 imposed under Section 323 r/w, 149, IPC shall run concurrently with the sentence under Section 147, under Section 3(i)(xi) of the Act. The sentence of accused A-11 awarded under Section 149 shall run concurrently with his sentence under Section 3(i)(xi) of the Act.

(3.) The case of the prosecution is that PW-1 (Pallipati Bujjamma) belongs to SC caste. She belongs to Brahmanakraka village and she sells sundry articles to the devotees visiting Rangayyaswamy tomb situated at Arundathiyawada of Brahmanakraka village. On 8-7-1991 at 3-00 p.m., G. Seshaiah (PW-6) who is the brother of PW-1, after visiting the said tomb waited for the bus to go to Gudladona. After some time, RTC bus came but it was overcrowded, therefore, PW-6 put his towel on vacant seat and boarded the bus. In that connection, there was an altercation between A-1 and PW-6. A-1 abused PW-6 as "MADIGA NAKODAKA! NEEK SEATU EDUNDIRA! MADIGOLLAKU POGAREKKINDI". A-1 also kicked on his stomach. On hearing the commotion, PW-1 and others intervened and brought out PW-6 from the bus. Even A-1 also got down the bus. After the bus left for Gudladona A-1 again abused PW-6 in filthy language. A-4, who was present there, sent a boy to the village to bring their caste men. PW-2 questioned A-1 for his unnecessary abusing of PW-6. On that A-1 grew wild and kicked PW-2. In the meanwhile, A-2 to A-18 having formed themselves into an unlawful assembly with a common object of causing hurt to PW-1 and other Arundhatiyas, came and attacked on them with sticks and axes. Out of fear PW-1 ran to the house of Gochipathala Malakondaiah-PW-5 to save herself, while PW-3 ran away. Thereupon A-1 joined the said unlawful assembly. All the accused trespassed into the house of PW-5 where A-2 poked PW-1 on the right side of her stomach and also kicked her. A-3, A-4, A-5 and A-6 entered inside the house and beat PW-1. A-2 caught hold of legs of PW-1 and lifted her petty coat. Then A-1 poked with a stick on her vagina and beat on her right ear and throat. A-1 also kicked on the stomach of PW-1. A-11 torn the jacket of PW-1, dragged and pulled her in the drainage canal. When PW-2 intervened A-14, A-5 and A-9 beat her with sticks. All the accused attacked the house of PW-3 and beat her with sticks and hands. When PW-4 came to the rescue of PW-3, PW-5, A-9 and A-14 bear her with sticks on her back. Thus, PW-4 sustained simple hurt. Thus, it is stated that the accused are liable for punishment under Section 3(i)(xi) of the Act and under other relevant sections of IPC. After examination of the witnesses-PWs 1 to 11 and documentary evidence Ex. P-1 - P-11 for the prosecution and on behalf of the defence DW-1 and documents B-1 to B-7, the learned Special Sessions Judge held that the accused found guilty of the offences and imposed punishment. Aggrieved by the same, the accused filed the present Criminal Appeal.