VISWANADHULA CHITTIBABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The learned Single Judge of this Court (E. Dharma Rao, J.) while dealing with Criminal Appeal No.1016 of 1996 against the judgment of the Metropolitan Sessions Judge, Visakhapatnam passed in CC. No.16 of 1996 dated 5-11-1996, felt that two learned Single Judges of this Court took conflicting views and therefore the matter was referred to this Bench for laying out the correct position of law.

(2.) The appellant in that appeal was charged for the offences punishable under Sections 447 and 506 (2) I.P.C. and under Section 3 (l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to "as the said Act"). Basing upon the complaint of P.W.I, a case was registered.

(3.) It was the allegation in the said complaint that on 17-5-1995 the accused trespassed into the mango garden of P.W.I, who is the Harijan Woman, and committed criminal intimidation by pushing her and further abused P.W.I by saying "Mala Yedava". After investigation into the crime, the Sub-Inspector of Police, Nakkapalle filed the charge-sheet against the accused. The case was committed for trial and the accused-appellant was found guilty of the offence punishable under Section 3 (l)(x) of the said Act and sentenced him to suffer R.I. for six months and to pay a fine of Rs.50.00 in default to suffer S.I. for one week. The accused-appellant was acquitted of the charges punishable under Sections 447 and 506 (2) I.P.C.