AKULA KRISHNA MURTHY Vs. STATE

JUDGEMENT

(1.) Challenge in this Criminal Appeal is to the judgment, dtd. 7/12/2010, in Sessions Case No.31 of 2010, on the file of the Court of Special Judge for trial of cases under the Scheduled Castes and Scheduled Tribes (POA) Act, East Godavari at Rajahmundry (for short, 'the learned Special Judge'), where under the learned Special Judge found Appellants/Accused Nos.1 and 2 (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 SC & ST Act'), convicted them under Sec. 235(2) of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C') and, after questioning them about the quantum of sentenced, sentenced them to suffer Rigorous Imprisonment for six months each and to pay a fine of Rs.500.00 each in default to suffer Simple Imprisonment for one month each.

(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 Sessions Case No.31 of 2010 on the file of the Court of Special Judge, Rajahmundry arose out of committal order in PRC No.45 of 2009 on the file of the Court of Additional Judicial Magistrate of First Class, Amalapuram (for short, 'the learned Magistrate') pertaining to Crime No.100 of 2009 of Allavaram Police Station, East Godavari District registered for the offence under Sec. 3(1)(x) of the SC & ST Act.