COMMON JUDGMENT

These Criminal Appeals have been filed as against the judgment and conviction passed by the learned III Additional District and Sessions Judge (PCR Cases) Madurai in S.C.No.29 of 2011 dated 02.03.2017. The appellant/Balamurugan in Crl.A. (MD)No.104 of 2017 was arrayed as A2. The appellant/Lacham in Crl.A.(MD)No.135 of 2017 was arrayed as A3. The appellant/Karuppiah in Crl.A.(MD)No.168 of 2017 was arrayed as A1. In the trial Court, charges were framed as against the accused for the offences under Sections 147, 324 r/w 149(2 counts), 323 r/w 149(4 counts) IPC and Section 3(1)(x) (5 counts) of SC/ST(POA)Act. The trial Court convicted the accused for the offence under Sections 147, 324 r/w 149 (2 counts), 323 r/w 149 (3 counts) IPC and acquitted the accused for the offence under Section 3(1)(x) (5 counts) of SC/ST(POA)Act.

2.The trial Court sentenced the appellants to undergo three months rigorous imprisonment and to pay a fine of Rs.500/- each in default to undergo one week simple imprisonment for the offence under Section 147 IPC and to undergo one year rigorous imprisonment and to pay fine of Rs.1,000/- each for each count in default to undergo one month simple imprisonment for the offence under Section 324 r/w 149 (2 counts) IPC and also sentenced them to undergo six months rigorous imprisonment and to pay fine of Rs.500/- each for each count in default to undergo one month simple imprisonment for the offence under Section 323 r/w 149 (3 counts) and all the sentences will run concurrently. Aggrieved over the above said judgment and conviction, the appellants preferred the above appeals. Since all the three appeals are arising out of same judgment this Court inclined to hear all the appeals together and to pass common judgment.

3.The prosecution case is that on 16.01.2008, Dr.Ambedkar Youth Federation conducted pongal festival at Gandhi Nagar, Samyanallur. At that time, at about 11.00 am., the accused along with others went to the place of occurrence and abused them in obscene words and also abused them by using caste name by stating that “giwaDf;F nghq;fy; tpoh NflF; jh” When the same was questioned by the defacto complainant, one Moorthy(died) assaulted them with iron rod and caused injury and the absconding accused Kannan and Manikandan and A1/Karuppaiah assaulted the defacto complainant. When the same was questioned by one Ramesh, the said Moorthy assaulted him with iron road on his head and caused injuries. A2/Balamurugan assaulted one Mari, who is witness in this case, with stick and caused injury on his head. One Kathiravan(Died) assaulted the wife of the defacto complainant with stick on her hip and caused injury. A3 assaulted one Panchavarnam, who is also witness in this case, with stick on her left hand wrist and right leg and caused injuries. Hence, the defacto complainant lodged complaint, and based on the complaint, FIR was registered and then the Investigation Officer investigated the case and then filed final report. Thereafter, the case was committed to the Special Court after furnishing copies under section 207 Cr.P.C.

4.Charges were framed for the offences under Sections 147, 324 r/w 149(2 counts), 323 r/w 149(4 counts) IPC and Section 3(1)

(x) (5 counts) of SC/ST(POA)Act. After framing of charges, the same were read over and explained to the accused and they were denied the charges. In order to prove the charges, the prosecution examined P.W.1 to P.W.18 and marked Ex.P1 to Ex.P12. No material object were marked. On the side of the accused, no one was examined and no documents were marked. After completion of prosecution side evidences, the trial Court has examined the accused under Section 313 (1)(b) Cr.P.C., with regard to the incriminating circumstances as against them and they denied the same. After evaluating the oral and documentary evidences adduced on either side, the trial Court has found guilty of all the accused for the offence under Sections 147, 324 r/w 149 (2 counts), 323 r/w 149 (3