V.APPANNA Vs. STATE

JUDGEMENT

(1.) This is a Criminal Appeal filed on behalf of the Appellants/Accused Nos.4 to 6 in S.C.No.8 of 2008 (Old S.C.No.18 of 2007), on the file of the Special Judge for Trial of SCs & STs (POA) Act, 1989, Srikakulam, questioning the judgment, dtd. 29/4/2009, where under the learned Special Judge for Trial of SCs & STs (POA) Act, 1989, Srikakulam, found the present appellants guilty of the offence under Sec. 323 of the Indian Penal Code ("IPC" for short) and sentenced them to suffer simple imprisonment for a period of six months each and to pay fine of Rs.500.00 each in default to suffer simple imprisonment for a period of 15 days.

(2.) The present appellants faced trial in the said case for the charges under Sec. 3(1)(x) of SCs & STs (POA) Act and Sec. 323 of IPC and the learned Special Judge acquitted the present appellants of the offences alleged under Sec. 3(1)(x) of SCs & STs (POA) Act, but convicted them under Sec. 323 of IPC and sentenced them as above.

(3.) The case of the prosecution before the trial Court according to the charge sheet filed by the State, represented by the Sub-Divisional Police Officer, Palaknonda in Crime No.9 of 2007 under Sec. 324 r/w 34 of IPC and Ss. 3(1)(x)(xi) of SCs & STs (POA) Act, 1989 is as follows: