JUDGMENT :

This Criminal Appeal is filed by the appellant Nos.1 and 2 originally, who were the A.1 and A.2 in Sessions Case No.10 of 2008, on the file of Special Judge for Trial of the offences under SCs & STs (POA) Act, Prakasam Division at Ongole (“Special Judge” for short), challenging the judgment, dated 17.09.2009, whereunder the learned Special Judge found A.1 and A.2 guilty of the charge under Section 3(1)(x) of SCs & STs (POA) Act, 1989 and further A.1 under Section 323 of the Indian Penal Code (“I.P.C.” for short) and after questioning them about the quantum of sentence, sentenced A.1 and A.2 to undergo simple imprisonment for six months each and to pay a fine of Rs.500/- each, in default to suffer simple imprisonment for 15 days each for the offence under Section 3(1)(x) of SCs & STs (POA) Act, 1989 and further sentenced A.1 to pay a fine of Rs.500/- in default to suffer simple imprisonment for 15 days for the offence under Section 323 of I.P.C.. By virtue of the said judgment, the learned Special Judge found A.3 not guilty of the charge under Section 3(1)(x) of SCs & STs (POA) Act, 1989 and further found A.2 and A.3 not guilty of the charge under Section 323 of I.P.C. and acquitted them under Section 235(1) of the Code of Criminal Procedure (“Cr.P.C.” for short).

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The Sessions Case No.10 of 2008 arose out a committal order passed in P.R.C.No.51 of 2007, on the file of III Additional Judicial First Class Magistrate, Ongole, pertaining to Crime No.110 of 2007 of Chimakurthy Police Station.

4. The Sub-Divisional Police Officer, Ongole Sub-Division, Ongole, filed a charge sheet under Sections 341 and 323 of I.P.C. and Section 3(1)(x) of SCs & STs (POA) Act, 1989.

5. The case of the prosecution, in brief, according to the charge sheet is as follows:

(i) L.W.1-Jyothi Chandraiah is the defacto-complainant and L.W.2-Jyothi Brahmaiah is the brother of L.W.1. L.W.3-Puli Nageswara Rao, L.W.4-Rampathoti Raghavulu and L.W.5-Sudidhala Anjamma are the witnesses to the occurrence. L.W.6-Nasipeddi Hymavathi is the circumstantial witness. L.W.7-Challakolusula Manikantam and L.W.8-Yeddanapudi Sreenu are the co-students of L.W.2, who were playing in the Zilla Parishad High School premises. They were also the witnesses to the first occurrence where the daughter of A.1 slapped L.W.2 and in retaliation L.W.2 slapped the daughter of A.1 and further A.1’s beating L.W.2.

(ii) As usual, L.W.2 attended for morning tuition at the premises of Z.P. High School. On noticing that the tuition master went on Ongole for his personal work, all the students started playing. While so, one Kavita, student of 7th class, picked up a quarrel with L.W.2 alleging that some dust fell on her and held L.W.2 as responsible for the same. Then, L.W.2 who is in the company of L.W.7 and L.W.8 attended to clear the dust and then Kavitha gave a slap on his face for which L.W.2 retaliated with a slap. Then, Kavitha went home and brought her father (A.1) to the school premises, where A.1 without asking reasons, beat L.W.2 with hands on his back in the presence of L.W.7 and L.W.8 and other students. L.W.2 felt ashamed of it, went to palle and narrated the incident to his brother, L.W.1. Then, both L.W.1 and L.W.2 came to the house of A.1 at 8.30 a.m. L.W.1 asked A.1 about the incident. Then, A.1 to A.3 came out from the house in aggressive nature and A.1 and A.2 abused them in filthy language by touching their caste and further A.1 to A.3 beat L.W.1 with hands. L.W.3 and L.W.4 witnessed the occurrence.

(iii) Basing on the report of L.W.1, a case in Crime No.110 of 2007 under Section 323 of I.P.C. and Section 3 (1) (x) of SCs. & STs. (POA) Act was registered by L.W.13-Sub-Inspector of Police. On 19.07.2007 L.W.14-Sub-Divisional Police Officer, took up investigation as per the orders of the Superintendent of Police, Prakasam District, dated 19