KUNDE MAHENDER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellant-accused aggrieved by the conviction and sentence imposed by the Special Sessions Judge cum Additional District Judge, Nalgonda, vide judgment dtd. 22/9/2011 in SC No.69 of 2009.

(2.) The case of the prosecution is that the de facto complainant, who is a resident of Vangapalli Village, is a Ward Member of Bahupeta village and the accused is a resident of the Bahupeta village. It is alleged that on 16/4/2009 at about 12.00 noon, the de facto complainant and his wife Shoba Rani were going to polling station arranged in a primary school, Bahupeta, in order to cast their votes in the General Elections. When they reached near the compound wall of the said school, the accused restrained them not to cast their votes in Bhupeta village on a plea that they have no house in the village. Then, the de facto complainant has informed the accused that he has no vote at Vangapalli village and being a Ward Member he had to cast his vote in Bahupeta village and on saying so, he tried to get into the polling booth, but the accused, keeping previous political grudge in mind, picked up a quarrel with him, beat him with a stick indiscriminately and gave fist blows by abusing him in the name of caste, in the public view. He has also threatened the de facto complainant with dire consequences that he would see his end. As such, the de facto complainant has lodged the complaint against the accused. Basing on the said complaint, Crime No.91 of 2009 in Yadagirigutta Police Station, is registered against the accused for the offences under Ss. 341, 324 and 506 IPC and Sec. 3(1)(vii) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SC & ST Act'). After completion of investigation, the police filed charge sheet against the accused for the said offences.

(3.) Since there is no representation on behalf of the appellant- accused on many occasions, Amicus Curiae was appointed to argue the matter on behalf of the appellant.