1. The present appeal has been filed challenging the judgment of the learned Principal Sessions Judge, Dharmapuri made in S.C.No.59 of 2009 whereby which the appellant/accused has been convicted under Section 323 IPC and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused has been sentenced to pay a fine of Rs.1,000/-, in default to undergo Simple Imprisonment for 3 months for the offence under Section 323 IPC and sentenced to undergo Rigorous Imprisonment for two years and pay a fine of Rs.1,000/-, in default to undergo Simple Imprisonment for a period of 8 months for the offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The case of the prosecution is that PW1, Dheivam, was working as a Salesman in Wine Shop which belongs to the State Government and the accused had at that time, come to purchase Alcohol bottle from the shop. When PW1 had demanded the amount, the accused had started scolding PW1 by using the words which directly refer to his cast and demeaned him and also assaulted him on his nose by using a chappal. PW1 sustained injuries and the accu