The central legal point established in the judgment is the requirement for admissible evidence to prove intentional insult or intimidation with the intent to humiliate a member of a scheduled caste or tribe, as mandated by Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

This criminal appeal has been filed under Section 374(2) Cr.P.C. by the accused Nos.1 and 3 in S.C.No.176/1001 on the file of the court of the Principal Sessions Judge, Erode, challenging the judgment of the said court dated 18.04.2002 made in the above said sessions case convicting them for offences punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, and Sections 447, 323 and 379 IPC and imposing a sentence of six months rigorous imprisonment and a fine of Rs.2,000/-with a default sentence of three months rigorous imprisonment for the offence punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, three months rigorous imprisonment for the offence under Section 447 IPC, six months rigorous imprisonment for the offence under Section 323 IPC and rigorous imprisonment for one year for the offence under Section 379 IPC. The trial court has ordered that the sentences shall run concurrently.

2. The case of the prosecution, in brief, can be stated as follows:

i) P.W.3-Chinnakuruvan is the father of Mani (P.W.1), Viswan (P.W.2) and the de-facto complainant, Thangarasu (since deceased). All of them were residents of Thonnimaduvu thottam, Vattakadu within the jurisdiction of Vellithiruppur Police Station. Rathinal (P.W.4) is the wife of P.W.2. All of them are members of Scheduled Caste. A tractor bearing Regn. No.TN-36 C-8142 had been purchased in the name of P.W.1 availing the loan provided by Tamil Nadu Industrial Investment Corporation Ltd (TIIC Ltd). However, they had also borrowed some amount from Thangarasu (son of Rangasamy), the first accused. On 14.03.2001, P.W.1 had parked the above said tractor with trailer in the front yard of their house in Thonnimaduvu thottam, Vattakadu. With the intention of committing punishable offences, the appellants 1 and 2 herein (A1 and A3), along with Uthirasamy (A2), Natraj (A4) and 10 more unidentified persons, trespassed into the front yard of the house of P.W.3 and demanded repayment of money after catching hold of P.W.1-Mani by his shirt. He replied that the entire amount due to the first appellant (A1) was repaid and nothing remained to be repaid. On hearing the said reply, the accused persons informed P.W.1 that he should pay the amount or else they would take the tractor. On hearing the noise, the de-facto complainant, Thangarasu (since deceased) came out from their house. On seeing him the accused persons caught hold of them by their hair, attacked them with their hands and caused simple injuries. Similarly, P.W.2-Viswan and his wife Rathinal (P.W.4) came out. But sensing trouble, P.W.2-Viswan ran away from the said place and took shelter in the nearby sugarcane field. P.W.4-Rathinal was also assaulted by the accused persons. Thereafter, the accused took the tractor and also P.W.1 to Uppukodikkal thottam where he was compelled to affix his signature in blank bond papers. However, P.W.1 managed to escape from the said place. Meanwhile, the de-facto complainant, Thangarasu had been taken to Anthiyur Government hospital for treatment.

ii) P.W.7-Dr.Mrs.N.Ranjani examined him at 5.00 p.m on 15.03.2001 and admitted him as an in-patient. Later on she issued Ex.P4-wound certificate certifying that the de-facto complainant-Thangarasu had suffered simple injuries. At about 8.30 p.m on the very same day she also examined P.W.1, who came to the said hospital with a police memo, found him with a small abrasion on the back of the chest measuring 1 x 1 cm and issued Ex.P7-wound certificate opining that the said injury was a simple one.

iii) On receipt of intimation over phone regarding the admission of the de-facto complainant in the Government hospital, Anthiyur, P.W.10, the then Sub-Inspector of Police, Vellithiruppur Police Station went to the said hospital and recorded the statement of the de-facto complainant, Thangarasu. After recording the statement of Thangarasu, w