A-1 and A-2 in Special Case No.24 of 2006 on the file of the Special Court under SC/ST (PA) Act/Principal Sessions Court, Coimbatore are the appellants.

2. A-1 and A-2 were convicted and sentenced as under:

Conviction	Sentence
(i) Sec.3(1) (x) of SC/ST Act	6 months R.I. and fine Rs.1000/- i/d 2 months R.I.
(ii) 323 I.P.C.	Fine Rs.1000/- i/d 2 months R.I.
(iii) 506(ii) I.P.C.	One year R.I. and fine Rs.1000/- i/d 2 months R.I.

Both the sentences were directed to run concurrently.

3. The case of the prosecution briefly runs as under:

(1) PW.1 belongs to Sundarapuram in Pollachi Taluk in Coimbatore district. He belongs to Hindu - 'Sakkilia' community. It is a scheduled caste (See Ex.P3 Community certificate issued by P.W.3 Tahsildar). A-1 and A-2 are brothers. They also belongs to the same village. They belongs to Hindu- 'Konguvellala' community (See Ex.P4 and P5 community certificates issued by P.W.3).

(2) There was strong enmity between P.W.1 and A-1 and A-2. On 26.5.2005 at about 9 a.m., in front of P.W.1's house, intending to insult P.W.1, A-1 and A-2 called P.W.1 by his caste name. Further, A-1 slapped P.W.1, while A-2 assaulted him on his left thigh with M.O.3 coconut stick. Thereafter, A-1 and A-2 left the place leaving their T.V.S. moped.

4. On the same day, at about 11.45 a.m. P.W.12 S.I. of Police, Pollachi Police station visited Government hospital, Pollachi and recorded Ex.P1 Statement from P.W.1. Based on Ex.P1, he registered this case in Cr.No.208/2005 under sections 3(1) (x) SC/ST (PA) Act, 323 and 506(ii) of I.P.C. (Ex.P2 F.I.R.). He sent the F.I.R. to D.S.P., Pollachi Sub division for investigation.

5. Gopalsamy, then D.S.P., Pollachi Sub division took up his investigation. He visited the scene place. In the presence of witnesses, he had prepared Ex.P13 Observation Mahazar. Drew Ex.P14 Rough sketch of the scene place. In the presence of witnesses, he seized M.O.1 T.V.S. Moped under Ex.P15 Mahazar. He examined the material witnesses and recorded their statement under section 161 Cr.P.C. On the same day, at about 10.30 a.m. at the Pollachi bus- stop, he arrested A-1 and A-2. On the next day, he seized M.O.3 coconut stick under Ex.P16 Mahazar from a coconut farm.

6. In the meanwhile, at the Government hospital, Pollachi P.W.2 treated P.W.1 for the injuries (Ex.P2 Wound certificate). After Gopalsamy, on 21.7.2005 P.W.13 Mr.Rajangam, D.S.P. continued the investigation. He obtained community certificate for PW.1, A-1 and A2 from P.W.3. Completing the investigation, on 31.8.2005, P.W.13 filed the final report against A-1 and A-2 for offences under section 3(1) (x) of SC/ST (PA) Act r/w 323, 506(ii) I.P.C. in the committal Court.

7. The learned committal Magistrate committed the case to the Court of Special Judge under SC/ST (PA) Act/Principal Sessions judge, Coimbatore after complying the requirement under section 207 Cr.P.C.

8. The learned Special Judge after hearing both sides and on perusal of the case records framed charges as against A-1 and A-2. They pleaded not guilty to the charges.

9. To substantiate the charges, prosecution examined P.Ws.1 to 13, marked Ex.P1 to P6 and exhibited M.Os.1 to 3.

10. When the accused were examined under Section 313 Cr.P.C. on the incriminating aspects in the prosecution evidence, they denied their complicity in this case. There is no defence evidence.

11. Appreciating the said evidence and considering the arguments of both sides, the learned Special Judge recorded conviction and awarded sentence as already stated.

12. The learned counsel for the appellants would contend that prosecution has thoroughly failed to establish the charges framed as against the accused beyond all reasonable doubts. There is material variation in the F.I.R. and in the evidence of P.W.1. There is inconsistency in the evidence of P.W.1 and in the F.I.R.