YARRAM RAMESH MEDAK DISTRICT Vs. PUBLIC PROSECUTOR HYDERABAD

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) Cr.P.C., is directed against the judgment dtd. 21/12/2015 in S.C.No.55 of 2012, on the file of the Special Sessions Judge for trial of cases under SCs & STs (POA) Act, 1989-cum-VII Additional District and Sessions Judge, Ranga Reddy District, whereby the appellantsA-1 & A-2 were convicted for the offence under Sec. 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo rigorous imprisonment for the period of three years each and to pay a fine of Rs.500.00 each, in default to undergo suffer simple imprisonment for three months.

(2.) Heard the learned counsel for the petitioners-A-1 and A-2 and learned counsel for the respondent-State. Perused the material on record.

(3.) The prosecution case is that P.W.1 obtained loan of Rs.12.00 lakhs from A-1 and promised to repay the same as early as possible and, accordingly, executed an agreement of sale-cumGPA in favour of A-1 regarding his house property under a registered document dtd. 29/6/2011. P.W.1 also executed a note of undertaking on 30/3/2011 on non-judicial stamp paper stating that as of now he obtained Rs.31.00 lakhs (instead of Rs.12.00 lakhs) and would be repaid in 36 months and deposited title deeds of his house. A-1 used to regularly visit the house of P.W.1 and caused mental tension by abused them by taking their caste name as "Lanjamunda, Dhongamunda, Malamunda, Malamunda Kodullara, Meeru Maryadaga Maa Dabbulu Ivvandi, Lekapothe Champestha". Later, P.W.1 came to know that A-1 executed sale deed in favour of one Yerram Shankar vide registered document dtd. 8/9/2011 and transferred the house and suppressing the said fact, he was demanding payment of amounts and abused him on 30/12/2011 and 2/1/2012. A-1 and A-2 abused P.W.1 and 2 by taking their caste name. On the complaint of P.W.1, P.W.5, the then Inspector of Police, Jeedimetla registered a case in Cr.No.18 of 2012 against A-1, A-2 and another (A-3) for the offence under Sec. 3(v) (x) of the Act and took up investigation. During the course of investigation, the investigating officer examined P.W.1 and recorded his statement and collected his caste certificate. He also examined P.Ws.2 to 6 and recorded their statements. After due investigation, police filed charge sheet for the offence under Sec. 3(v) (x) of the Act. The accused appeared before the trial Court and denied the offence and pleaded not guilty to the charge framed under Sec. 3(v) (x) of the Act.