LILNGALA NARENDER REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Special Sessions Judge for SCs. and STs. (POA) Act, 1989, Ranga Reddy District at L.B.Nagar, in S.C.No.11 of 2009, dated 25.01.2011, whereby the appellants/A1 and A2 were convicted for the offences under Section 323 read with Section 34 of I.P.C. and Section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/- each, in default of payment of fine, to undergo simple imprisonment for a period of three months for the offence under Section 323 read with Section 34 of I.P.C., and also sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- each, in default of payment of fine, to undergo simple imprisonment for a period of three months for the offence under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (POA) Act. Both the sentences were directed to run concurrently.

(2.) The gravamen of the charge against the accused, in brief, is that on 22.02.2008 at about 00.10 hours, P.W.1 and her husband (P.W.2) lodged a joint report in Kukatpally Police Station stating that P.W.2 is doing real estate business and well acquainted with A-1 and A-2, who are residents of same locality and 15 days prior to the date of report, P.W.2 had obtained hand loan of Rs.1,00,000/- from the accused with a promise to return the same on 20.02.2008, but on that day the amount was not returned. On 21.02.2008 night at about 9.00 P.M., both the accused came to the house of P.W.1 and started beating P.W.2 and when P.W.1 intervened she was also beaten by them and also abused them by referring their caste name. In that incident, P.W.2 sustained bleeding injury below the right eye. It is further stated that the accused beat them with a chappal and gave fist blows. Basing on the said complaint, the Police, Kukatpally, registered a case in Crime No.196 of 2008. After completion of investigation, charge sheet has been filed against the accused for the offences punishable under Sections 324, 354 of I.P.C., and Section 3 (1) (ii) (x) (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short "the Act") before the IX Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, who in turn committed the case to the Court of Sessions Division. On committal, the case was taken on file as S.C.No.11 of 2009.

(3.) On appearance of the accused, charges under Section 324 read with 34 of I.P.C. and section 3 (1) (x) of the Act read with Section 34 of I.P.C. came to be framed, read over and explained to the accused, to which they pleaded not guilty and claimed to be tried.