GARA YESOBU Vs. STATE OF A P

JUDGEMENT

(1.) Since all these quash proceedings arise out of the same P.R.C. they are being disposed of by a Common Order. The case of the prosecution is that the petitioners in these petitions, having formed themselves into an unlawful assembly with a common object to commit theft of paddy crop in the fields of Gara Israil and Nakka Vemaiah, had committed theft of their paddy, and abused Gara Israil and Nakka Vemaiah, who belong to Scheduled Caste community, in their caste name and insulted them in public view and hence, are liable for punishment for offences under Sections 143 and 379 IPC and 3(1) (x) of the Scheduled Castes, Scheduled Tribes (POA) Act, 1989 (the Act).

(2.) The contention of the learned counsel for the petitioners is, since A-1 to A-62, even according to the charge-sheet, are members of Scheduled Caste community, proceedings against A-1 to A-62 under the Act are liable to be quashed. It is contended that since A-63 to A-66, are leaders their rivals got a false complaint filed against them and that that fact is evident because the charge-sheet does not show who among 66 accused uttered the offending words and since all the accused could not have, in chorus, abused Gara Israil and Nakka Vemaiah, invoking their caste name. Heard learned Additional Public Prosecutor.

(3.) In the cause title of the charge-sheet A-1 to A-62 are described as "Malas" by caste, and as residents of Mutlur village. As per Section 3(1) (x) of the Act if a person who is not a member of a Scheduled Caste or a Scheduled Tribes, intentionally insults or intimidates, with intent to humiliate, a member of a Scheduled Caste or a Scheduled Tribes in any place within public view, he is liable for imprisonment which shall not be less than six months, and upto to a maximum period of five years, and with fine. So it is clear that if the person who insults or intimidates the victims also belongs to Scheduled Caste and Scheduled Tribes, he would not be committing an offence under Section 3(1) (x) of the Act.