JOSEPH S/O FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) Appeal against the judgment of the learned Sessions Judge, Ernakulam in S.C No.150/2002 wherein, the appellant was tried for offences punishable under Sections 294(b), 323, 324 and 506(i) I.P.C and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC/ST Act').

(2.) Prosecution case, in short, is that one Kuttan, a taxi driver, who is a relative of PW2 owed some money to the appellant. As promised, Kuttan did not return it. Furious about that the appellant blurted out to PW2 that people belonging to Pulaya community will never repay their debts. On hearing this comment, PW1 who was present nearby, intervened and questioned the appellant for talking ill about members of a community. The appellant then insulted PW1 by referring to his caste name and also showered abusive words against his mother. PW1 is a member of Scheduled Caste community and the appellant is not. There was a push and pull between PW1 and the appellant. The incident happened on 23-04-2001 at noon. Thereafter, on the same day, while PW1 was sitting on a slab near the South Railway Station, Ernakulam and talking to other drivers, the appellant came from behind with an iron rod (MO1) and beat him on back. His attempt to inflict a second blow was prevented by CW4. The accused then abused PW1 in filthy language and went away.

(3.) Learned Sessions Judge examined eight witnesses and marked seven documents on the side of the prosecution.