JUDGMENT :

PRAYER : Criminal Appeal filed under Section 374(2) of Cr.P.C to set aside the conviction and sentence passed by the learned III Additional Sessions Judge (PCR), Madurai, dated 29.02.2016 made in S.C.No.40 of 2004 by allowing the present Criminal Appeal.

This appeal has been preferred as against the order of conviction and sentence passed in S.C.No.40 of 2004, dated 29.02.2016 on the file of the learned III Additional Sessions Judge (PCR), Madurai.

2.The case of the prosecution is that on 13.02.2001, at about 05.00 a.m., the accused went to the Tea shop owned by the victim, where the victim asked money for the Tea along with the earlier balance money which was borrowed from his son, the accused abused him with filthy language by mentioning his community name and attacked him by his hands and legs. He attacked his private part and also scrotal. Therefore, he sustained injuries and immediately he was taken to the Hospital. Hence, the complaint. On receipt of the complaint, the respondent registered the F.I.R in Crime No.196 of 2001 for the offences under Sections 341 and 323 of I.P.C. After a period of six months, the victim died on 14.07.2001. Therefore, P.W.1-the wife of the deceased victim lodged another complaint. On receipt of the same, the respondent altered the offence under Sections 341 and 323 of I.P.C into Sections 341 and 302 of I.P.C and Section 3(2)(v) of SC/ST Act, 1989. After completion of the investigation, the respondent filed a final report and the same has been taken cognizance in S.C.No.40 of 2004 on the file of the learned III Additional Sessions Judge (PCR), Madurai.

3.On the side of the prosecution, they had examined P.W.1 to P.W.19 and marked Exs.P.1 to P.18. The prosecution also produced material object M.O.1 and on the side of the accused, no one was examined and marked Ex.D.1.

4.On perusal of the oral and documentary evidence, the trial Court found the accused guilty only for the offence punishable under Section 307 of I.P.C and sentenced him to undergo 7 years Rigorous Imprisonment and imposed a fine of Rs.3,000/-, in default to undergo six months Simple Imprisonment and acquitted him for the offence under Sections 3(2)(v) of SC/ST Act, 1989 and 3(1)(x) of SC/ST Act. Aggrieved by the same, the present Appeal.

5.The learned counsel appearing for the appellant would submit that on the date of the alleged occurrence, even according to the victim, the appellant along with two others went to his shop and when the victim demanded to pay the cost for a Tea and also the old balance which was borrowed from his son, the appellant and two others attacked him by their hands, legs and also stick. Therefore, he sustained injuries. Immediately, he went to the Hospital and his statement was recorded in the accident register, which was marked as Ex.P.12. It revealed that the victim was attacked by three known persons by hands, legs and stick at about 05.00 a.m on 13.02.2001. It was recorded at about 09.55 a.m on 13.02.2001. Whereas the victim lodged the complaint before the respondent, in which he categorically alleged that the appellant alone attacked him with his hands and legs and on his private part and scrotal. Immediately, he was treated and discharged from the hospital within a period of three days. However, he sustained some infection and again he was admitted in the hospital for hernia and he performed surgery on the victim. Unfortunately, due to cardiac arrest, he died. Once again P.W.1, namely his wife, lodged the complaint by an improved version that the appellant attacked the victim by hands and legs and also abused him mentioning his caste name. On the said complaint, the respondent altered the offence under Sections 341 and 323 of I.P.C into Sections 341 and 302 of I.P.C and Section 3(2)(v) of SC/ST Act, 1989.

6.The learned counsel appearing for the appellant would further submit that the Doctor who treated the victim categorically deposed that he recorded the accident register in which the v