This appeal has been filed against the sentence and order dated 21.12.2012 passed in S.C.No.144 of 2010 by the learned Special Judge (Principal Sessions Judge) Villupuram Sessions Division, Villupuram.

2. It is the case of the prosecution that on 14.06.2009 around 19 hours, at Puthandhur Village, Ramasamy [P.W.1] belonging to Hindu Adi Dravida Community went to collect fodder from the straw that was kept spread by him in the land adjacent to his house and at that time, he ran over a thorn, for which, he was muttering some words cursing himself. At that time, Kannan [A1] who was coming in the opposite direction is said to have questioned Ramasamy [P.W.1] thinking that the latter was abusing him. It is further alleged that Kannan [A1] abused Ramasamy [P.W.1] by calling him by his caste name and further held him by his neck and caused simply injury. On seeing this, Arivazhagan [A2], the son-in-law of Kannan [A1] joined the fray and hit Ramasamy [P.W.1] on his back. When Anjalai [P.W.2], wife of Ramasamy [P.W.1], came to rescue her husband, Backiyaraj [A3] is said to have abused her and kicked her on her abdomen and further threatened and intimidated the couple that they should not allow their cattle to graze in others' fields.

[a] On the next day, i.e. on 15.06.2009, Ramasamy [P.W.1] and his wife Anjalai [P.W.2] went to the Government Hospital, Kallakurichi around 11.15 a.m. and got themselves admitted in the hospital. On intimation received by the police from the hospital, Head Constable 1493 went to the hospital and recorded the statement of Ramasamy [P.W.1], which was treated as complaint [Ex.P.1], based on which, Rubi Devasagaya Rani [P.W.7], Sub-Inspector of Police, registered a case in Cr.No.487 of 2009 under Sections 294(b), 323, 355 and 506(ii) IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as "the SC/ST Act"] and filed an FIR [Ex.P.10] against Kannan [A1], Arivazhagan [A2] and Backiyaraj [A3].

[b] Investigation of the case was taken over by Arumugam, Deputy Superintendent of Police, who went to the place of occurrence and prepared the Rough Sketch [Ex.P.12] and collected the Community Certificates [Ex.Ps.5 to 9 respectively] of Ramasamy [P.W.1], Anjalai [P.W.2], Kannan [A1], Arivazhagan [A2] and Backiyaraj [A3] from Kannaiyan [P.W.6] Tahsildar, Sankarapuram. He also recorded the statement of Dr.Manimala [P.W.5] who gave treatment to Ramasamy [P.W.1] and Anjalai [P.W.2] and obtained copy of the Accident Registers, viz., Ex.P.3 relating to Anajalai [P.W.2] and Ex.P.4 relating to Ramasamy [P.W.1]. After completing the investigation, he filed charge sheet before the competent Court. On the appearance of the accused, they were furnished with the documents and the following charges were framed.

A1 - Sections 323, 506(i) IPC and Section 3(1)(x) of the SC/ST Act

A2 - Sections 323, 506(i) IPC and Section 3(1)(x) of the SC/ST Act

A3 - Sections 355, 506(i) IPC and Section 3(1)(x) of the SC/ST Act

[c] When questioned, the accused pleaded 'not guilty'. To prove the case, the prosecution examined eight witnesses and marked twelve exhibits. The accused were questioned under Section 313 Cr.P.C. about the incriminating circumstances, which they denied. No witness was examined on behalf of the accused nor any document marked.

[d] After analysing the evidence adduced by the prosecution and hearing the arguments on either side, the trial Court, by judgment dated 21.12.2012, convicted and sentenced the accused as follows:

"1st accused is found guilty u/s 323 IPC and 3(1)(x) of S.C./S.T. Act and is convicted and sentenced to undergo S.I. for 6 months and to pay a fine of Rs.500/- for the offence u/s 323 IPC and in default to undergo further S.I. for 2 months and to undergo S.I. for 6 months & to pay a fine of Rs.500/- for the offence u/s 3(1)(x) of S.C./S.T. Act in default to undergo further S.I. for 2 months.

2nd accused is found guilty u/s 323 IPC and 3(