THOTA LAKSHUMAIAH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal, under Sec. 378(4) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C'), is filed by the appellants, who are the accused Nos.1 and 2 in Special Sessions Case No.17 of 2008 on the file of the Court of Special Sessions Judge for trial of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Kadapa (for short, 'the learned Special Judge'), questioning the judgment therein, dtd. 14/10/2009, where under the learned Special Judge found the appellants herein guilty of the offence under Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SCs STs Act') and accordingly convicted them under Sec. 235(2) Cr.P.C and, further after questioning them about the quantum of sentence, sentenced them to undergo Rigorous Imprisonment for a period of six months each and to pay a fine of Rs.500.00 each in default to suffer Simple Imprisonment for one month each. Further, the learned Special Judge found the appellants not guilty of the charges under Sec. 3(1)(v) of the SCs and STs Act and Sec. 427 of the Indian Penal Code, 1860 (for short, 'the IPC'), and accordingly acquitted them of the said charges. Aggrieved by the said judgment in convicting and sentencing the appellants for the charge under Sec. 3(1)(x) of the SCs STs Act, the appellants preferred the present Appeal.

(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 case of the prosecution, in brief, as stated in the charge sheet filed by the Sub-Divisional Police Officer, Rajampet pertaining to Crime No.54 of 2006 of Rajampet Police Station, Kadapa District for the offences under Sec. 3(1)(x) of the SCs STs Act and Sec. 427 IPC, is as follows: