The court confirmed the conviction under the SC/ST Act for caste-based assault, emphasizing the weight of corroborative evidence from the injured parties and proper explanation for the delay in filing the FIR.

JUDGMENT :

A.V. RAVINDRA BABU, J.

1. Challenge in this Criminal Appeal is to the judgment, dated 16.07.2008 in Special Sessions Case No. 23 of 2008, on the file of Special Sessions Judge for S.Cs & S.Ts (POA) Act, Kadapa (“Special Judge” for short), whereunder the learned Special Judge found the accused guilty of the charges under Section 3(1)(x) of S.Cs & S.Ts (POA) Act, 1989 and Section 323 of the INDIAN PENAL CODE (“IPC” for short), convicted him under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C” for short) and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for six months and to pay a fine of Rs.500/- in default to suffer simple imprisonment for 15 days for the offence under Section 3(1)(x) of S.Cs & S.Ts (POA) Act, 1989 and further sentenced him to pay a fine of Rs.500/- in default to suffer simple imprisonment for 15 days for the offence under Section 323 of IPC.

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

3. The Special Sessions Case arose out of a committal order in P.R.C. No. 2 of 2008, on the file of I Additional Judicial Magistrate of First Class, Proddatur.

4. The State, represented by Sub-Divisional Police Officer, Proddatur, filed charge sheet in Crime No. 135 of 2007 alleging as follows:

(i) The accused is resident of Kamanur Village of Proddatur Mandal and he belonged to Kapu caste. LW-6-Nandyala Syamalamma is no other than the sister-in-law of the accused. The defacto-complainant (LW-1-Peddamunigalla Munaiah), LW-2-Musaligalla Bala Obaiah, LW-3-Bhujamgalla Yesaiah and LW-4-Bannegalla Sathyamaiah, are residents of Kamanur Harijanawada and injured persons. They belong to Mala and Madiga community which comes under the purview of Scheduled Caste. The said fact is very well known to the accused. LW-5-Adimulam Guru Mohan and LW-6 were witnesses to the occurrence. LW-6's husband and accused who are uterine brothers shared their ancestral property equally by leaving one old house and Ac. 5-00 cents of land to their mother. After death of their mother, they equally shared the said property. As mother-in-law of LW-6 was staying with the accused, he was enjoying Ac. 5-00 cents of land. LW-6's husband decided to take the old house into his possession towards his share.

(ii) On 12.10.2007 LW-6 engaged LW-1 to LW-4 for demolition of old wall in order to construct a new wall. At her instructions, LW-1 to LW-4 started demolishing the wall. Around 12-00 noon when they were attending the said work, the accused went there and grew wild and abused LW-1 to LW-4 in the name of caste as “NEEYAMMA MADIGA GUDDANNI DENGA MADIGA LANJA KODAKALLARA.” So abusing, the accused picked up a spade stick and dealt a blow on the left rib of LW-1, resulting in swelling injury. He also beat LW-2 and LW-3 with a spade stick on their left shoulders and caused swelling injuries. He also beat LW-4 with a stone on his left palm and caused swelling injury. LW-5 and LW-6 witnessed the occurrence and intervened and sent the accused. Later, LW-1 to LW-4 went to Proddatur Rural Police Station and presented a report. LW-10-A.S.I. basing on the report registered FIR and referred LW-1 to LW-4 to Government Hospital, Proddatur. On the instructions of Superintendent of Police, Kadapa, dated 12.10.2007, LW-11-SDPO, Proddatur, took up investigation. He visited the scene of offence, observed the same and prepared rough sketch. LW-7- Dr. K. Annapurnamma, CAS, examined the injured persons and o