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2018 Supreme(Mad) 4589
IN THE HIGH COURT OF MADRAS
R. PONGIAPPAN, J.
K. Subramanian – Appellant
Versus
State – Respondent
Crl. Appeal No. 474 of 2011
Decided On : 08-11-2018
Advocate Appeared:
For the Appellant : V. Krishnamoorthy.
For the Respondent: T.P. Savitha.
Headnote:
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) – Indian Penal Code, 1860 - Sections 341, 294(b), 506(i) – Scheduled Castes and Scheduled Tribes: (Prevention of Atrocities) Rules, 1995 - Rule 7 - Mens rea - Criminal Intimidation - Utterances occurred in presence of a large gathering of the public and PW-1 was greatly hurt by such derogatory remarks. Thereafter, PW-1 pacified by his friends and after conclusion of the party meeting, he prepared a written complaint before Sub Inspector of Police in police station - Held, Appellant in his evidence he did not say anything about the past experience and about sense of ability. So without saying the specific evidence that he is having past experience, this Court cannot hold that he is competent person to conduct investigation in a case registered under SC/ST Act - Both accused and victim are belongs to same village and previously they are members of same political party and participated in public welfare scheme, further accused is having habit of questioning mistakes committed by others. So considering character and situation of accused, charging imprisonment for offence committed by accused is excessive one - Appeal allowed
JUDGMENT :
R. PONGIAPPAN, J.
1. The appellant herein is the sole accused in S.C. No. 159 of 2009 on the file of the learned Principal Sessions Judge, Cuddalore. He stood charged for the offences under Sections 341, 294(b), 506(i) of IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. By a judgment dated 11.07.2011, the trial court convicted the appellant/accused and sentenced as follows:
| Section of Law | Sentence |
| 341 I.P.C. | Rigorous imprisonment for one month. |
| 294(b) I.P.C. | Rigorous imprisonment for one month. |
| 506(i) I.P.C. | Rigorous imprisonment for two years. |
| 3(1)(x) of S.C/S.T. Act | Rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for 15 days. |
Challenging the conviction and sentence, the appellant is before this Court with the present Criminal Appeal.
2. The case of the prosecution in brief, is as follows:-
2.1. On 31.03.2009, at about 6.15 p.m., PW-1 Sasikumar, PW-2 Veerapandian and PW-3 Sarangan were proceeding to Srimushnam Selva Meena Marriage Hall for attending Indian Communist Party meeting, while they were crossing the Balakrishnan xerox shop, the accused intercepted the PW-1 and uttered the following derogatory remarks:
xxx xxx xxx xxx xxx
2.2. PW-1 confronted him that, if he had any grievance he would inform the same to the party high command and not to him. In reply, the accused uttered the following remarks:
xxx xxx xxx xxx xxx
2.3. These utterances occurred in the presence of a large gathering of the public and PW-1 was greatly hurt by such derogatory remarks. Thereafter, PW-1 pacified by his friends and after conclusion of the party meeting, he prepared a written complaint under Ex. P.1 before the Sub Inspector of Police, Srimushnam Police Station.
2.4. PW-8 Selvaraj, the then Sub Inspector of Police, Srimushnam, on 31.03.2009, at about 20.15 hours, received a complaint from PW-1 and registered a case in Crime No. 48 of 2009 under Sections 341, 294(b), 506(i) of IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Ex. P.4 is the printed First Information Report. After registration of the case, he forwarded the First Information Report to the Court having jurisdiction. Thereafter, the copy of the First Information Report was placed before the PW-9 for investigation.
2.5. PW-9 Ramachandran, the then Deputy Superintendent of Police, Sethiyathoppu Police Station, on 31.03.2009, at about 08.15 p.m., on information he went to the Srimushnam Police Station and received the copy of the First Information Report from PW-8. He received the proceedings from the Superintendent of Police, Cuddalore for investigating the case, Ex. P.5 is the proceedings issued by the Superintendent of Police.
2.6. On the same day, at about 9.00 p.m., he visited the scene of occurrence and in the presence of PW-6 Shahjagan and one Thomas, he prepared an Observation Mahazar under Ex. R2, further, he drawn a rough sketch under Ex. P.9. Thereafter, he examined the witnesses and recorded their statements.
2.7. In continuance of investigation, on 01.04.2009, at about 11.00 a.m., in Adhivarahanallur Nal Road, he arrested the accused and made arrangements for sending him to the judicial custody, further he sent a requisition to the Tahsildar, Kattumannarkoil for issuing a Community Certificate to PW-1 as well as to the accused.
2.8. PW-7 Duraisamy, the then Tahsildar, Kattumannarkoil, on receipt of requisition given by the PW-9 made an enquiry and issued Community Certificate certifying that PW-1 Sasikumar belongs to Hindu Adidravidar community and the accused belongs to Hindu Vanniyar community. The community certificate issued by the PW-7 was marked as Ex. R3.
2.9. On receipt of the Community Certificate issued by PW-7, PW-9 examined PW-7 and recorded hi
