T. SRINIVAS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Appellants/A2 and A3 are convicted for the offence under Sec. 3(1)(x) of SCs and STs (POA) Act, 1989 and sentenced to undergo rigorous imprisonment for a period of six months vide judgment in Spl.S.C.No.30 of 2009, dated 28. 06.2010 passed by the Special Judge for trial of offences under SCs and STs (POA) Act-cum-VI Additional Metropolitan Sessions Judge, Secunderabad. Aggrieved by the same, present appeal is filed.

(2.) The case of the prosecution is that PW.1 gave one tula of gold to A1 for preparing ornaments for his daughter in the month of January, 2008. However, A1 failed to deliver the said ornament within the stipulated time. On 22/6/2008 in the morning hours, P.W.1 went to the house of A1 and asked about the gold ornament. At that time, A2 was present in the house, who stated that his father and another brother, who is A3 went to Eye Hospital at Darulshifa for check up. Accordingly, P.W.1 accompanied A2 to the said hospital. On seeing P.W.1, A1 and A3 started abusing P.W.1 in the name of his caste and A1 to A3 beat P.W.1 in front of the hospital. A private complaint was lodged on the next day i.e. on 23/6/2008 before the XIII Additional Chief Metropolitan Magistrate at Hyderabad. The said complaint was referred to police for the purpose of investigation. On receiving the said complaint, the police registered complaint on 30/6/2008 for the offence under Ss. 323, 506 r/w 34 of IPC and also under Sec. 3(1)(x) of the Act of 1989. The police, having completed investigation, filed charge sheet for the said offences.

(3.) Learned Special Judge, having examined the witnesses P.Ws.1 to 9 and marking Exs.P1 to P6 found the Appellants guilty as aforementioned.