THAMMISETTI BAKKAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Criminal Procedure Code, 1973 (for short, 'the Cr. P.C.'), is filed by the appellant, who was the accused in Sessions Case No. 1 of 2009 on the file of the Court of Special Judge for trial of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Prakasam Division, Ongole (for short, 'the learned Special Judge'), questioning the judgment therein, dtd. 9/12/2009, where under the learned Special Judge found the appellant herein guilty of the charge under Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SCs and STs Act') and accordingly convicted him under Sec. 235(2) Cr. P.C. and, after questioning him about the quantum of sentence, sentenced him to undergo Simple Imprisonment for a period of six months and to pay a fine of Rs.500.00 in default to suffer Simple Imprisonment for 15 days for the offence under Sec. 3(1)(x) of the SCs and STs Act.

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

(3.) The Sessions Case No. 1 of 2009 arose out of the committal order in PRC No. 13 of 2008 on the file of the Court of Additional Judicial Magistrate of First Class, Addanki pertaining to Crime No. 11 of 2008 of Martur Police Station. The State, represented by Sub-Divisional Police Officer, Chirala filed charge sheet pertaining to above said Crime for the offence under Sec. 3(1)(x) of the SCs and STs Act alleging in substance that accused is resident of Dwarakampadu Village, Martur Mandal. The scene of offence is situated at Valaparla Village of Martur Mandal. LW.1 - Murikipudi Yesaiah is resident of Valaparla Village, who belonged to Scheduled Caste i.e., Madiga. He lives by cultivation. One Thalluri Akkaiah is the cousin brother of LW.1. One Ramana is the younger sister of the accused. The said Akkaiah stabbed the said Ramana on 5/5/2004 at Valaparla Village, which is the subject matter in Crime No. 41 of 2004 of Martur PS for the offence under Sec. 307 IPC. After due trial, the said case was ended in conviction and the accused in the above said Sessions Case No. 29 of 2005, by name Akkaiah, was sentenced to undergo Imprisonment for five years on 17/6/2005 by the learned Assistant Sessions Judge, Addanki. Now the said case is under Appeal in higher Court. After getting bail in the above said Appeal, the said Akkaiah again beat the said Ramana on 24/6/2004 for which Crime No. 50 of 2004 was registered under Sec. 324 IPC, which is now pending for trial vide C.C. No. 192 of 2004 on the file of the Court Additional Judicial First Class Magistrate, Addanki.