KAMMAGARI MADHAVA REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Special Judge for trial of Cases under SCs and STs. (POA) Act-cum-V additional District and Sessions Judge, Medak at Sangareddy, in S.C.S.T. S.C.No.25 of 2008 dated 19.09.2011, whereby the appellant/ accused was convicted for the offence under Section 3 (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/-, in default of payment of fine, to undergo simple imprisonment for a period of fifteen days. However, the appellant/accused was found not guilty for the offences punishable under Sections 353, 323 and 504 of I.P.C.

(2.) For the sake of convenience, the parties hereinafter be referred to as arrayed in S.C.No.25 of 2008.

(3.) The gravamen of the charge against the accused, in brief, is that on 01.07.2018 at about 7.00 P.M., P.W.1 lodged a complaint stating that the Tahsildar, Zaheerabad, appointed him and P.W.5 for EPIC programme at Shekapur Village and accordingly as a part of the said programme they were conducting survey at Shekapur Village. On 01.07.2008 at about 2.30 P.M., when he was having lunch at primary school, Shekapur Village, the accused came there saying "Enni rojulu neevu survey chesthavura, neeku order evadu ichadura madiga lanja koduka' and caught hold of his collar and when the Sarpanch (P.W.3) tried to intervene, the accused assaulted him. Basing on the said complaint, the Police, Zaheerabad, registered a case in Crime No.153 of 2008. After completion of investigation, charge sheet has been filed against the accused for the offences punishable under Sections 353, 323 and 504 of I.P.C., and Section 3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") before the Judicial Magistrate of First Class, Zaheerabad, who in turn committed the case to the Court of Sessions Division. On committal, the same came to be numbered as S.C.ST.S.C.No.25 of 2008.