DAVULURI SUBBA RAO Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant Nos.1 and 2 originally, who were the A.1 and A.2 in Sessions Case No.10 of 2008, on the file of Special Judge for Trial of the offences under SCs & STs (POA) Act, Prakasam Division at Ongole ("Special Judge" for short), challenging the judgment, dtd. 17/9/2009, whereunder the learned Special Judge found A.1 and A.2 guilty of the charge under Sec. 3(1)(x) of SCs & STs (POA) Act, 1989 and further A.1 under Sec. 323 of the Indian Penal Code ("I.P.C." for short) and after questioning them about the quantum of sentence, sentenced A.1 and A.2 to undergo simple imprisonment for six months each and to pay a fine of Rs.500.00 each, in default to suffer simple imprisonment for 15 days each for the offence under Sec. 3(1)(x) of SCs & STs (POA) Act, 1989 and further sentenced A.1 to pay a fine of Rs.500.00 in default to suffer simple imprisonment for 15 days for the offence under Sec. 323 of I.P.C.. By virtue of the said judgment, the learned Special Judge found A.3 not guilty of the charge under Sec. 3(1)(x) of SCs & STs (POA) Act, 1989 and further found A.2 and A.3 not guilty of the charge under Sec. 323 of I.P.C. and acquitted them under Sec. 235(1) of the Code of Criminal Procedure ("Cr.P.C." for short).

(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court for the sake of the convenience.

(3.) The Sessions Case No.10 of 2008 arose out a committal order passed in P.R.C.No.51 of 2007, on the file of III Additional Judicial First Class Magistrate, Ongole, pertaining to Crime No.110 of 2007 of Chimakurthy Police Station.