PENTAKOTA KOTESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the sole accused in SC & ST Sessions Case No.13 of 1996 on the file of the Special Judge (Metropolitan Sessions Judge), Visakhapatnam, against his conviction for the offences punishable under Sections 3(1)(i) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities ) Act, 1989 (hereinafter called as 'the Act') and for the offence punishable under Section 323 IPC and the sentences of imprisonment imposed against him. He was sentenced to undergo Rigorous imprisonment for a period of three years and also Rigorous Imprisonment for a period of three years and also Rigorous Imprisonment for a period of six months for the offences punishable under Sections 3(1)(xi) and 3(1)(x) of the Act respectively. He was also sentenced to undergo Rigorous Imprisonment for a period of one month for the offence punishable under Section 323 IPC and all the sentence are ordered to run concurrently.

(2.) The case of the prosecution, in brief, is as follows:

(3.) The plea of (he accused is one of denial. To bring home the guilt of the accused, the prosecution examined PWs.1 to 5 and marked Exs.P1 to P7 and MOs.1 and 2. On behalf of the accused, a portion of statement of PW2 recorded under Section 161 Cr.PC was marked as Ex.D1. The learned Special Judge accepting the evidence of PWs.2, 3 and 4 held the accused guilty of the offences punishable under Sections 3(l)(xi) and 3(!)(x) of the Act and also the offence punishable under Section 323 IPC and, sentenced him to undergo imprisonment as stated supra.