STATE OF A. P. Vs. GOVINDU MUSALAIAH

JUDGEMENT

(1.) This appeal is preferred by the State against the judgment of the learned Special Sessions Judge, SCs & STs (POA) Act, Mahabubnagar, for enhancement of the sentence awarded in S.C.No.35 of 2001 dated 01.06.2004, whereby, the respondent/A-3 was convicted for the offence punishable under Section 355 of I.P.C. and sentenced to pay a fine of Rs.500/-, in default to suffer simple imprisonment for ten days. He, along with other accused, were acquitted for the offences punishable under Section 323 of I.P.C. and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Briefly stated, the prosecution case is as follows:

(3.) K.Mallaiah (P.W.1) belongs to Scheduled Caste community, whereas accused Nos.1 to 3 belong to Kurva Community. On 30.12.1998, P.W.1 visited M.R.O. Office at Kothur on official work and as the M.R.O. was not available, he was waiting outside, at that time, accused Nos.1 to 3 came there and on seeing P.W.1, A-1 took out his chappal with his hand and tried to beat P.W.1 and also abused him in filthy language by naming his caste and warned him not to enter the village and also threatened him with dire consequences. When P.W.1 objected for the same, A-2 also abused him in filthy language on his caste name and tried to assault him. Again on 16.02.1999 at about 11.30 a.m., while P.W.1 was going to M.R.O. Office Kothur, on the road near M.R.O. Office, Kothur, A-3 came there and abused him in filthy language on his caste name and threatened him that he would see that the house plots which were allotted to P.W.1 and his relatives are to be cancelled and also threatened P.W.1 with dire consequences.