JUDGMENT :

These present Criminal Appeals are filed against the conviction and sentence dated 10.02.2016 made in Spl.S.C No.29 of 2013 on the file of the III Additional District Judge (PCR), Madurai.

2. Since both the appeals have been arose from the same judgment rendered in Spl.S.C.No.29 of 2013, by the consent of the parties, they are heard together and the following common judgment is passed.

3. The appellants in Crl.A(MD) No.86 of 2016 are arrayed as Accused Nos. 1 and 2 in the above referred case. Similarly, the appellant in Crl.A(MD) No.87 of 2016 is arrayed as third accused in the same case. Before the trial Court, the Accused Nos.1 to 3 were charged for the offence punishable under Sections 341, 324, 324 r/w 34 of IPC and Section 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred as “SC/ST (POA) Act). After full-fledged trial, the learned III Additional District Judge (PCR), Madurai, came to the conclusion that all the appellants/accused were found guilty under Sections 341, 324 and 324 r/w 34 of IPC and in view of the above, all of them are convicted and sentenced as follows:-

Accused Section Sentence

A-1 to A3 341 IPC Convicted and sentenced to undergo Simple Imprisonment for one month and to pay a fine of Rs.100/-, in default, to undergo simple Imprisonment for seven days

A-3 to A3 324 IPC Convicted and sentenced to undergo Rigorous Imprisonment for one year and to pay a fine of Rs.500/-, in default, to undergo simple Imprisonment for three months.

A1 to A3 324 r/w 34 IPC (2 counts) Convicted and sentenced to undergo Rigorous Imprisonment for one year for each count and to pay a fine of Rs.500/-, for each count, in default, to undergo simple Imprisonment for three months.

The sentences were directed to run concurrently. In respect to the offence under Section 3(1)(x) of SC/ST (POA) Act, the accused were acquitted. Challenging the said conviction and sentence, the appellants are before this Court, by way of filing the present Criminal Appeals.

4. The case of the prosecution in brief is as follows:-

(i) PW1-Mahalingam belongs to Hindu Pallar community, which is recognized as Scheduled Caste. The accused are all belonged to Hindu Muppanar community. On 14.12.2010, while at the time PW1 was traveled in a bus, which goes to Samathuvapuram, near Samathuvapuram all the accused herein waylaid the bus and after entering into the same insulted PW1 by mentioning his caste name, the first accused Ramu attacked him on his left shoulder, while at the same time, the third accused Arumugam attacked PW2 Ramakrishnan on his left shoulder. In the said transaction, the second accused Kumar attempted to attack PW3 and the same was restrained by him and as a result of which, P.W.3 sustained injury in his hands and right chest. Immediately, after the occurrence, all the injured went to the Police Station and lodged the complaint under Ex.P1.

(ii) On receipt of the same, PW11, the then Inspector of Police, Thiruparakundram, registered the case in Crime No.173 of 2010 under Sections 341, 324 of IPC and Section 3(1)(x) of SC/ST (POA) Act. The printed FIR was marked as Ex.P1. After registration of the case, PW11 handed over the copy of FIR to PW12 for investigation.

(iii) In the meantime, PW2-Dr.Venkatakrishnan, attached with Government Medical College Hospital, Madurai, on 14.10.2010 around 11.00 a.m. examined PW1 and found the lacerated injury in the size of 3x1x1cm on the left scapular region. According to him, the said injury sustained by PW1, is simple in nature. In this regard, he issued wound certificate under Ex.P9. Similarly on the same date around 11.10 am, he examined PW2 and found the lacerated wound in the size of 3x1x1cm over the left shoulder. In this regard, he issued wound certificate under Ex.P10 stating that the said injury sustained by PW2, is a simply in nature. Further, on the same day around 11.40 am, he examined PW3 and found a incised wound in the size of 1x ½ x ½ cm on base of l