KURUVA VENKATARAMAPPA Vs. STATE OF A.P

JUDGEMENT

(1.) The Appeal is directed against the judgment and order dated 27.07.2009 in Sessions Case No.633 of 2008 by the learned Special Sessions Judge for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Anantapur (for short, 'the learned Special Sessions Judge ') convicting the 1st appellant for commission of offence punishable under Section 326 of IPC and 2nd appellant under Section 326 R/w.109 of IPC, sentencing the 1st appellant to suffer Rigorous Imprisonment for three (3) years and to pay a fine of Rs.5,000/-, in default to suffer Simple Imprisonment for six (6) months and 2nd appellant to suffer Rigorous Imprisonment for three (3) years and to pay a fine of Rs.2,000/-, in default to suffer Simple Imprisonment for six (6) months with a further direction that a sum of Rs.3,000/-, on realization of the fine amount of Rs.7,000/-, be paid to PW.1 as compensation under Section 357 of Cr.P.C.

(2.) The prosecution case, as alleged against the appellants, is to the effect that on 22.01.2008 at 12:30 PM, 1st appellant went to S.C. Colony at Sanaganapalli village; seeing him, PW.2 - H.Yettemma (mother of the injured - informant, PW.1 - H.A.Venkatesh), complained that residents of S.C. Colony were not getting drinking water and requested him to provide a tap. Hearing this, 1st appellant become angry and abused Yettamma by calling her 'Madiga Lanja ', and also intimidated her. She informed the said incident to her son i.e., PW.1. On the next day around 07:30 PM, PW.1 found the appellants near the beedi bunk (kiosk) of the village. When PW.1 enquired from the 1st appellant why he had abused his mother, 2nd appellant intervened and instigated the 1st appellant to hit him. Thereupon, the 1st appellant abused him by uttering 'EE MADIGA NAA KODUKUTHO EMAVUTHUNDI ', and picked up a big stone and hit PW.1 on the right thigh and right hand. This resulted in fracture of the thigh bone. PW.1 was treated in Government Hospital at Hindupur by PW.11. PW.1 lodged written complaint resulting in registration of the instant case.

(3.) In conclusion of the investigation, charge sheet was filed against the appellants under Section 326 R/w.109 of IPC and also under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the act of 1989 '). Charges were framed against the appellants under Section 3(1)(x) of the Act of 1989 and also under Section 326 of IPC against 1st appellant and under Section 326 R/w.109 of IPC against the 2nd appellant, to which the appellants pleaded not guilty and claimed to be tried.