PALLEBOINA NEELADRI Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellants are convicted for the offence under Sec. 3(1)(x) of SCs & STs (POA) Act and sentenced to undergo rigorous imprisonment for a period of six months vide judgment in SC No.129 of 2007, dtd. 30/7/2009 passed by the Special Sessions Judge for Trial of Cases under SCs & STs (POA) Act, 1989 (for short 'the Act'). Aggrieved by the same, present appeal is filed.

(2.) The case of the prosecution is that P.W.1 was working as Village Secretary, Erugatla village and he was posted for election duty in the said village conducted at the Grampanchayat office. When he was on election duty around 1.00p.m on 2/8/2006, there was some galata at Grampanchayat office and P.W.1 went there and tried to console, but the appellants herein abused him in filthy language by stating that "ERA LAMBADI LANJAKODAKANEEVU CONGRESS PARTIKI ANUKULAMGA UNNAVU-EE LANJAKODEKE MOTHAM CHASEDI" and beat him with hands, kicked him with legs and sticks. P.W.1 fearing further attack, jumped the wall and escaped.

(3.) P.W.2, who was the then Headmaster in Zilla Parishad Secondary School Penuballi, was the Returning Officer in the Gram Panchayat elections of Erugatla village. He stated that when there was galata regarding identification of a lady voter in Grampanchayat booth, he went there and saw some assailants attacking P.W.1. However, he did not identify the appellants as the persons who attacked P.W.1. P.W.2 specifically mentioned that he did not hear any one abusing in the name of caste.