RAVI @ PADMANABHAN Vs. STATE

JUDGEMENT

(1.) The sole accused in S.C.No.19 of 2008 is the appellant herein.

(2.) The case of the Prosecution, in brief, is as follows:- P.W.1 is the injured witness in this case. He was working as a waterman in the Kethanoor village panchayath and he belongs to schedule caste madhari community. On 17.09.2007, at about 5.00 to 5.30 p.m., while P.W.1 was going in his TVS 50, moped, to switch off the motor, the appellant/accused tried to stop the vehicle, but he did not stop. While he came back, the accused waylaid him and abused him by calling his caste name, slapped him on his face and pushed him down, thereafter, he also kicked him on his chest and caused injury. Then, P.W.1 was taken to Government Hospital, Palladam, where he suffered chest pain, hence, he was referred to Government Hospital, Coimbatore and he was admitted there.

(3.) P.W.9, Head Constable, working in the respondent police, on receipt of the memo from the Government Hospital, Palladam, went to Government Hospital, Coimbatore, where P.W.1 was admitted. On 18.09.2007, he obtained a statement from P.W.1 and based on the said statement, he registered a case in Crime No.392 of 2007, for the offence under Sec. 341, 323 and 506(ii) Penal Code and Sec. 3(1)(X) of SC/ST Act and sent the First Information Report, Ex.P.6, to the Judicial Magistrate and to the higher officials.