MANEPALLI PRABHAKARA RAO Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellant, who was the accused in Special Sessions Case No.19 of 2008 on the file of the Court of Special Sessions Judge under the Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act-cum-X Additional District Judge, Krishna, Machilipatnam (for short, 'the learned Special Judge'), questioning the judgment therein, dtd. 17/2/2011, whereunder the learned Special Judge found the appellant herein guilty of the charge under Sec. 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SCs and STs Act'), convicted him under Sec. 235(2) Cr.P.C and, after questioning him about the quantum of sentence, sentenced him to undergo Rigorous Imprisonment for a period of one year and to pay a fine of Rs.1,000.00 in default to suffer Simple Imprisonment for three months.

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

(3.) Special Sessions Case No.19 of 2008 arose out of the committal order in PRC No.26 of 2008 on the file of the Court of Judicial First Class Magistrate at Tiruvuru pertaining to Crime No.64 of 2008 of Gampalagudem Police Station. The State, represented by Sub-Divisional Police Officer, Nuzvid Sub-Division filed charge sheet pertaining to above said Crime for the offence under Sec. 3(1)(v) of the SCs and STs Act alleging in substance that the accused is resident of Arlapadu Village and Gampalagudem Mandal. He belonged to forward caste. LW.1 - Madugula Peda Lakshmaiah, who is resident of the same Village and Mandal, belonged to Scheduled Caste. The scene of offence is in the land of LW.1 in R.S.No.127/1 to an extent of Ac.0.63 cents. The Government of Andhra Pradesh issued D-Form Patta in the name of one Madugula Peda Nagaiah, father of LW.1, in the year 1971 in S.No.127/1 to an extent of Ac.1.27 cents. The parents of LW.1 died. After that, LW.1 and his brother partitioned the said land and, in the said partition, LW.1 got Ac.0.63 cents towards his share. So, he was in possession and enjoyment thereof. Six years ago, he borrowed a sum of Rs.6,000.00 from the accused to meet the medical expenses of his son and later he failed to discharge the due amount to the accused. Accused demanded LW.1 either to discharge his debt or handover his (LW.1) land document to him for which LW.1 requested time but, accused forcibly took away the D-Form Patta from LW.1 and occupied Ac.0.63 cents. Accused continuously cultivated the same. After four years, complainant (LW.1) approached the accused and asked him to handover the land to him since accused already collected lease amount from LW.4 - Inapanuri Devaiah and LW.5 - Madugula Venkateswara Rao as such the amount due by the accused was discharged but, accused denied to handover the land to LW.1. Therefore, he gave a report to LW.10 - Sk. Nagur Saheb, SI of Police, Gampalagudem Police Station, who registered the same as a case in Crime No.64 of 2008 for the aforesaid offence and intimated to LW.11 - G. Narayana Swamy, Sub-Divisional Police Officer, Nuzvid. LW.11 obtained permission from the Superintendent of Police, Krishna and took up investigation. He visited the land of LW.1 and gave requisition to LW.9 - S. Bhaskara Rao, Mandal Tahsildar, to ascertain the legal possession over the land and also to know about the caste of LW.1. During the course, he seized lease agreement between LW.4, LW.5 and accused and also xerox copy of the D-Form Patta. He examined the witnesses during investigation. On 30/6/2008, he arrested the accused and sent him to judicial custody. He obtained caste certification and possession and enjoyment certificate from LW.9, the Tahsildar. Hence, the charge sheet.