(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 SCs & STs Sessions Case No.61 of 2008 on the file of the Court of Special Judge for trial of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, East Godavari at Rajahmundry (for short, 'the learned Special Judge'), questioning the judgment therein, dtd. 19/1/2009, where under the learned Special Judge found the appellant herein guilty of the charges under Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SCs & STs Act') and Sec. 324 of the Indian Penal Code, 1860 (for short, 'the IPC'), 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 six months and to pay a fine of Rs.1,000.00 in default to suffer Simple Imprisonment for two months for the offence under Sec. 3(1)(x) of the SCs STs Act and further sentenced him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.1,000.00 in default to suffer Simple Imprisonment for two months for the offence under Sec. 324 IPC.
(2.) The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court, for the sake of convenience.
(3.) SC ST Sessions Case No.61 of 2008 before the learned Special Sessions Judge, arose out of committal order in PRC No.10 of 2007 on the file of the Court of Judicial First Class Magistrate, Prathipadu (for short, 'the learned Magistrate'), relating to Crime No.175 of 2006 of Yeleswaram Police Station.