UPPARA VENKATESULU Vs. STATE OF A.P

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment, dtd. 24/11/2009 in S.C.No.271 of 2009 on the file of the Special Sessions Judge for S.C./S.T Cases, Anantapur (for short, the learned Special Judge"), where under the learned Special Judge found the appellants A.1 and A.2 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 & STs Act"), convicted them under Sec. 235(2) of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.") and after questioning about the quantum of sentence, sentenced them to suffer Rigorous Imprisonment for two (2) years each and to pay a fine of Rs.500.00 each in default to suffer Simple Imprisonment for six (6) months and four (4) months respectively. The learned Special Judge in the said judgment exonerated A.3 of the charges under Sec. 3(1)(x) of the SCs & STs Act and further exonerated A.1 to A.3 for the charge under Sec. 352 of the Indian Penal Code, 1860 (for short, the IPC").

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

(3.) (i) The S.C.No.271 of 2009 arose out of committal order in P.R.C.No.20 of 2009 on the file of Judicial Magistrate of I Class at Penukonda pertaining to Crime No. 55 of 2008 of S.H.O., Somandepalli Police Station. The State represented by Sub Divisional Police Officer, Penukonda filed the charge sheet alleging the offence under Sec. 352 IPC and Sec. 3(1)(x) of the SCs & STs Act in the aforesaid crime number.