JUDGMENT :

The present appeal is directed against the conviction and sentence dated 22.07.2016, made in S.C.No.91 of 2014, on the file of the II Additional District and Sessions Court (PCR), Tirunelveli.

2. The appellant is the sole accused. He stood charged for the offences punishable under Sections 354, 294(b), 307, 324 and 506(ii) I.P.C. and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act [hereinafter referred to as ''the SC/ST Act'']. After full-fledged trial, the learned II Additional District and Sessions Judge found the appellant guilty under Section 326 I.P.C., convicted and sentenced to undergo rigorous imprisonment for three years and directed to pay a sum of Rs.3,50,000/- as compensation to P.W.8 – Vellaichamy. Similarly, the accused has also been convicted under Section 324 I.P.C. and sentenced to undergo rigorous imprisonment for two years and directed to pay Rs.1,50,000/- as compensation to P.W.9 – Natarajan. In respect of other charges framed against the accused, the trial Court acquitted him.

3. Challenging the said conviction and sentence, the appellant/accused is before this Court with this Criminal Appeal.

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

(i) P.W.1 – Murugadurai is the resident of Therkkankulam Colony East Street. He knew P.W.2 – Muthukani, P.W.3 – Vellaiammal, P.W.4 – Marialatha, P.W.5 – Arumuganainar and the accused – Karuppasamy. On 30.04.2013 around 01.30 p.m., when P.W.1 was taking lunch in his house, he heard an alarm from outside, at that point of time, the accused attacked P.W.5 – Arumuganainar. On enquiry by P.W.1, P.W.5 – Arumuganainar informed that the accused himself misbehaved with his wife and also with P.W.4 – Marialatha and the same was condemned by him. While at the time the accused leaving the place had abused ''Other Language''. However, on the same day, around 04.00 to 05.00 p.m., the victims went to the Police Station and requested P.W.17 - Karpagavalli, Sub-Inspector of Police to warn the accused. She has received the said petition and after making assurance that she will take action against the accused, went along with the victims in the Omni Van up to Chettikulam, at that time, she informed to the victims that she had spoken to the Panchayat President and therefore, instructed them to go to their Village without any fear. On the same day around 10.00 p.m. to 11.00 p.m., when P.W.1 and others were speaking in front of P.W.7 – Easkkaiammal's house, his father P.W.8 - Vellaichamy was sleeping in the shrine of one Chinnadurai's house, who is the uncle of P.W.1, at that point of time, the accused came there and had shouted ''Other Language'' and attacked P.W.8 - Vellaichamy on the forehead. When P.W.8 - Vellaichamy attempted to resist the same, his left thumb finger was amputated and right thumb finger was also cut-off and hanging and thereby, he sustained injury in the right forearm, at that time, P.W.9 – Natarajan intervened, the accused had also attacked him in the neck, shoulder and in the wrist. When P.W.1 and others attempted to catch him, the accused ran away from the place and within 10 minutes, his father P.W.8 – Vellaichamy painted and thereby, they have taken a car and admitted him in Palayamkottai High Ground Hospital. In the meantime, around 03.30 a.m., one Woman Sub-Inspector of Police [P.W.17] came there and enquired about the incident. During the enquiry, P.W.1 narrated the occurrence and the same was reduced into writing under Ex.P.1.

(ii) After receipt of the complaint from P.W.1, P.W.17 – Karpagavalli returned to the Police Station and registered a case against the accused in Crime No.115 of 2013 for the offences under Sections 294(b), 324, 326, 307 and 506(ii) I.P.C. and Sections 3(1)(x) and 3(2)(v) of the SC/ST Act. The printed F.I.R. was marked as Ex.P.10. The intimation received by P.W.17 from the Hospital authorities was marked as Ex.P.9.

(iii) After registration of the case, P.W.17 forwarded a copy of