JUDGMENT

This is a Criminal Appeal filed on behalf of the Appellants/Accused Nos.4 to 6 in S.C.No.8 of 2008 (Old S.C.No.18 of 2007), on the file of the Special Judge for Trial of SCs & STs (POA) Act, 1989, Srikakulam, questioning the judgment, dated 29.04.2009, where under the learned Special Judge for Trial of SCs & STs (POA) Act, 1989, Srikakulam, found the present appellants guilty of the offence under Section 323 of the Indian Penal Code (“IPC” for short) and sentenced them to suffer simple imprisonment for a period of six months each and to pay fine of Rs.500/- each in default to suffer simple imprisonment for a period of 15 days.

2. The present appellants faced trial in the said case for the charges under Section 3(1)(x) of SCs & STs (POA) Act and Section 323 of IPC and the learned Special Judge acquitted the present appellants of the offences alleged under Section 3(1)(x) of SCs & STs (POA) Act, but convicted them under Section 323 of IPC and sentenced them as above.

3. The case of the prosecution before the trial Court according to the charge sheet filed by the State, represented by the Sub-Divisional Police Officer, Palaknonda in Crime No.9 of 2007 under Section 324 r/