RANJIT KUMAR Vs. STATE

JUDGEMENT

(1.) Accused 1 and 2 in S.C.505/1994 on the file of Principal Sessions Judge, Tirunelveli are the Appellants. By the Judgment dated 28.11.1996, the learned Sessions Judge has convicted the Appellants / accused 1 and 2 for various offences. Aggrieved over the conviction, Appellants have preferred this Appeal.

(2.) Case of the Prosecution could briefly be stated thus:- P.W.1 - Murugan, P.W.2 - Mullaivanam are the son and daughter of P.W.4 - Arputhamani. P.W.4 - Arputhamani is looking after the land of P.W.8 - Mariam Beevi. P.W.1 is cultivating the same. Prior Occurrence: On 25.07.1994 - 3.30 PM, P.Ws.1 and 2 went to the field, which is under the cultivation of P.W.1. About 20 cattle of the first accused were found grazing the paddy crops. P.W.1 chased them out. A1 questioned P.W.1 as to why he is chasing them out, which resulted in wordy altercation between them. Occurrence : On 25.07.1994 - 6.00 PM when P.W.1 was standing in the Mutham of his house, A1 armed with Aruval and A2 armed with Uruttukattai came along with 5 other persons. Calling P.W.1 by his caste, A1 and A2 and other members of the unlawful assembly threatened P.W.1 saying P.W.1 felt insulted by the abuse hurled at him. The occurrence was witnessed by P.W.3 - Murthy and P.W.4 - Arputhamani - mother of P.W.1. Scene of occurrence - pathway was in the public view. Registration of case: P.W.1 went to Pathamadai Police Station. On 25.07.1994 - 07.30 PM P.W.1 lodged Ex.P.1 - Complaint. P.W.7 - Constable 1782 attached to Pathamadai Police Station received Ex.P.1 - Complaint and registered the case in Crime No.90/94 under Sections.147, 148, 506 (II) IPC and 3(1)(x) of The Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act (for short hereinafter referred to as 'SC/ST (PA) Act) under Ex.P.6 - First Information Reports. Investigation: P.W.10 - Inspector of Police had taken up the investigation. Scene of occurrence - house of P.W.1 and the paddy field under cultivation of P.W.1 were inspected and Observation Mahazars - Exs.P-2 and P-3 respectively and Sketch - Exs.P.8 and P-9 were prepared in the presence of witnesses. On the damage caused to the paddy crops, Photographs (Ex.P.4 series) were taken by P.W.6 - Photographer. On requisition from the Investigating Officer, P.W.9 - Tahsildar issued Community Certificate (Ex.P-7) to P.W.1 - Murugan stating that he belongs to Scheduled Caste community. On completion of investigation, charge sheet was filed against accused 1 and 2 for various offences.

(3.) Findings of the Trial Court: To substantiate the charges against the accused, in the trial court, P.Ws.1 to 10 were examined. Exs.P-1 to P-10 were marked. Upon consideration of the evidence, the learned Sessions Judge found that the Prosecution has proved the extensive damage caused to the crops by the evidence of P.Ws.1 and 2. On the evidence of P.Ws.1, 3 and 4, it was further held that Accused 1 and 2 and others, who assembled with them, called P.W.1 by his caste and thereby intentionally abused him. In the view of the learned Sessions Judge, for the cases filed under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, normally independent witnesses cannot be expected to be examined. Finding that the intentional insult and the criminal intimidation is proved against the accused, the trial court convicted the accused as noted below; Charge Gist of the offence Against which accused Finding of Trial Court 1 U/s.148 IPC Rioting Armed with deadly weapon. A1 A1 convicted. Six months Sentence of R.I. imposed. 2 U/s. 147 IPC Rioting Armed with Uruttukattai A2 A2 convicted. Three months Sentence of R.I. imposed. 3 U/s. 3(1) (x) of SC/ST (PA) Act. Intentional insult or Intimidation to witness Murugan (P.W.1) A1 A1 convicted. One year sentence of R.I.imposed. 4 -do- A2 -do- 5 U/s 506(II) IPC. Criminal Intimida-tion and threaten-ing witness Murugan (P.W.1) A1 A1 convicted. Six months Sentence of R.I.imposed.