PRAVEEN KUMAR D.A Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The challenge in this appeal is to the order dtd. 3/9/2024 in Crl.M.P No.500/2024 passed by the Court of the Special Judge for the trial of offences under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, Nedumangad.

(2.) The appellants are accused Nos.2 to 4 in Crime No.656/2024 of Attingal Police Station, Thiruvananthapuram. They are alleged to have committed the offences punishable under Ss. 365, 348, 294(b), 323 and 506 read with Sec. 34 of IPC and Ss. 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC/ST (POA) Act').

(3.) The appellants are not members of Scheduled Caste or Scheduled Tribe. The defacto complainant and his friend Manoj belong to Scheduled Caste community. On 13/4/2024 at 09.00 a.m., the bike ridden by the defacto complainant hit against a car bearing registration No.KL-25- E-0727 near Elamba School, Mudakkal. The passengers in the car abused the defacto complainant and his friend. They had taken away the motorbike to another place. The defacto complainant reached there and took back the vehicle. Thereafter, in the night, the appellants and the other accused assembled in the place of occurrence and brutally attacked the defacto complainant.