P.RAMESH KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellants/A2 to A5 aggrieved by the judgment in SC/ST SC No.56 of 2016, dtd. 8/3/2021 passed by the Special Sessions Judge for trial of offences under SC/ST Act-cum-VII Additional District & Sessions Judge, Ranga Reddy District and sentenced to undergo rigorous imprisonment for a period of three years for the offence under Sec. 406 r/w 34 of IPC, three years for the offence under Sec. 420 r/w 34 of IPC, two years for the offence under Sec. 506 r/w 34 of IPC and also sentenced to undergo rigorous imprisonment for a period of three years for the offence under Sec. 3(1)(x) of Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The case of the defacto complainant/P.W.1 is that he retired as Additional General Manager, BHEL. The appellants are his neighbours. The deceased A1 was having a company by name M/s.Rushni Distilleries. In the year 2008, A5 approached him and asked to provide finance. However, P.W.1 informed that he did not have money, but had a plot at Nallagandla. Advertisement was given by A5 in the newspaper for selling the plot. A5 informed that she has one purchaser, who is intending to purchase the said plot at Rs.1,10,00,000.00 (Rupees One Crore Ten Lakhs). After receiving the said amount, it was handed over to A1 to A5. The deceased A1 promised to give 20% dividend in his company and also 3% interest per month and thereafter promised that the amount would be returned in one year.

(3.) It is further the case that the deceased A1 and A5 again requested P.W.1 to provide more finance, for which reason P.W.1 sold his flat situated at S.R.Nagar for Rs.42.00 lakhs and again handed over the amount to A1. A1 transferred 15000 shares of the company in the name of P.W.1 equivalent to Rs.50.00 lakhs. P.W.1 demanded to pay remaining Rs.67.00 lakhs, but the money was not returned. P.Ws.1, 2 and 3 went to the house of A1 and demanded to pay. A4 abused in the name of caste saying "Mala Madiga Lanjakodukulara Enduku Vacharu Maa intiki meeku budhi ledu get out from our house" and asked P.W.1 to get out. A2 and A5 also repeated the same words. Prior to the said incident from 2008 to 2014, P.W.1 was going to the house of A1 demanding the outstanding amount as it was necessary for performing his daughter 's marriage. However, it was not returned. On 5/1/2014 when all the accused beat and sent them out, P.W.1 went to the police station and lodged complaint. On 31/1/2014, he went to the CID, Hyderabad and lodged complaint since Chandanagar police did not register any complaint, which was filed on 5/1/2014. On the basis of the complaint lodged, the CID police filed charge sheet for the offence of cheating, criminal intimidation and also under the provisions of SC and ST Act.