IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, J.
Subbiah - Appellant
Vs.
The Deputy Superintendent of Police, Vellakoil Police Station, Kangeyam Sub-Division - Respondent
Crl.A.Nos.631 and 656 of 2008
Decided On : 19-08-2016
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Section 3(1)(x) - Indian Penal Code,1860 - Sections 324, 506 (Part-2), 427, 379 (np) – Appeal Against conviction - In said festival there was a dance programme/light music programme in which P.W.1s brother namely was assaulted by accused persons pursuant to which at about P.W.1/complainant questioned said act and enquired about assault made by the accused persons on P.W.4 - While so enquiring A1 pushed P.W.1 and abused him by mentioning his caste name - When P.W.1 raised a hue and cry A2 came with (M.O.1), A3 with wooden log (M.O.3) and A4 with iron pipe (M.O.2) came to spot and attacked P.W.1 with those weapons - At that time P.W.1s another brother P.W.2-Mani came running and prevented from attacking P.W.1. A2 abused P.W.2 by mentioning his caste name and also attacked him with M.O.1 and caused cut injuries indiscriminately - Held, Appellants/accused that seizure mahazar was prepared initially in respect of Crime registered on basis of complaint given by accused persons against the prosecution witnesses - Seizure mahazar in the instant case in respect of Crime registered on of complaint given by P.W.1 against accused persons, was prepared only subsequently - In earlier seizure mahazar prepared in Cr. material objects have not been shown, whereas in subsequently registered seizure mahazar in instant case material objects have been shown - Though on the same set of facts both the crime numbers have been registered but based on the complaints by opposite parties against each other but earlier mahazar in respect of Cr did not indicate any seizure of material objects but in subsequent mahazar in Cr. pertaining to present complaint of P.W.1 material objects have been just shown and hence in this case would have been simply shown and planted by prosecution - Criminal Appeals are allowed
Crl.A.No.631 of 2008 is filed by A2 and Crl.A.No.656 of 2008 is fled by A1, A3 and A4, against the same judgment dated 20.08.2008 made in S.C. No. 15 of 2008 on the file of the Principal Sessions Court, Erode District. They were charged by the trial Court as tabulated hereunder:
Sl.No.
Charges framed against the accused persons
Section of Law
1
A1 and A2
Section 3(1)(x) of the SC and ST Act
2
A1 and A3
Section 323 IPC
3
A4
Section 324 IPC
4
A2
Section 307 IPC (2 counts)
5
A3
Section 307 IPC
6
A1 to A4
Section 427 IPC
They were convicted and sentenced as follows by the trial Court:
Sl. No.
Rank of accused
Conviction under Section
Sentence of Imprisonment
Fine
1
A1
323 IPC
six months rigorous imprisonment
-
2
A2
326 IPC
five year rigorous imprisonment
Rs. 3000/-, i/d one year rigorous imprisonment
324 IPC
two years rigorous imprisonment
-
3
A3
323 IPC
six months rigorous imprisonment
-
324 IPC
two years rigorous imprisonment
-
4
A4
324 IPC
two years rigorous imprisonment
-
The trial Court ordered the sentences imposed on A2 and A3 to run concurrently. The trial Court acquitted A1 and A2 of the charge under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and A1 to A4 were acquitted of the charge under Section 427 IPC.
2. The case of the prosecution leading to conviction of the appellants/A1 to A4, in brief, is as follows:
P.W.1/de-facto complainant belongs to SC/ST community. He was working in a Mill. On 01.06.2007, there was a temple festival in Arulmighu Mariamman Temple at Muthur. In the said festival, there was a dance programme/light music programme, in which, P.W.1's brother, namely Thangaraj (P.W.4) was assaulted by the accused persons, pursuant to which, on 04.06.2007 at about 1.30 p.m., P.W.1/complainant questioned the said act and enquired about the assault made by the accused persons on P.W.4. While so enquiring, A1 pushed P.W.1 and abused him by mentioning his caste name. When P.W.1 raised a hue and cry, A2 came with Aruval (M.O.1), A3 with wooden log (M.O.3) and A4 with iron pipe (M.O.2) came to the spot and attacked P.W.1 with those weapons. At that time, P.W.1's another brother, P.W.2-Mani came running and prevented A2 from attacking P.W.1. A2 abused P.W.2 by mentioning his caste name and also attacked him with M.O.1 Aruval and caused cut injuries indiscriminately. On seeing this incident, P.W.1's elder brother, namely P.W.3 Palanisamy ran to the spot and when P.W.3 made an attempt to lift P.W.2, A2 caused cut injury on the head of P.W.3 with M.O.1 Aruval. A3 attacked P.W.3 with M.O.3 wooden log indiscriminately on his hands and legs. Similarly, A4 attacked P.W.1 with M.O.2 iron pipe. The accused persons have also damaged a TVS-50 two-wheeler (M.O.4) belonging to P.W.6 Kuppusami, which was brought by P.W.1. In the above occurrence, P.Ws.1 to 3 sustained injuries. On knowing the same, P.W.6 went to the place of occurrence and thereafter, P.Ws.4 and 6 informed about the occurrence to the Police Station over telephone. Subsequently, the injured victims, namely P.Ws.1 to 3 were taken to Government Hospital in an ambulance. P.W.11 Sub-Inspector of Police, on receipt of the intimation from the hospital at about 18 hours, went to the hospital and obtained statement (complaint) from P.W.1/de-facto complainant. Thereafter, P.W.11 came back to the Police Station and registered the FIR in Cr.No.372 of 2007 for the offences punishable under Sections 324, 506 (Part-2), 427, 379 (np) IPC read with Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. On 05.06.2007, P.W.11 took up the case for investigation and went to the place of occurrence and prepared Ex.P-3 observation mahazar and drew Ex
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