THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1 of 2008 16-12-2014 BETWEEN:
Kondapalli Bhadram …..Appellant/Accused AND State of A.P., Rep. by the Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of A.P.
…..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT: THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1 of 2008 JUDGMENT:
The Criminal Appeal is preferred by the appellant/accused against the Judgment dated 28.12.2007 passed in SC ST SC No.12 of 2006, by the Special Sessions Judge for Trial of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act-cum-I Additional Sessions Judge, East Godavari at Rajahmundry, whereby the learned Judge convicted the appellant/accused for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and accordingly sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default, to undergo simple imprisonment for a period of one month, and further convicted appellant/accused for the offence under Section 324 IPC and accordingly sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default of payment of fine, to suffer simple imprisonment for a period of one month.
The case of the prosecution is as follows:
That on 25-06-2003 at about 3.00 p.m. while the accused erecting the fencing around his house, he cut the thatched roof of latrines of the injured, P.W.1, and in that connection there was altercation. The accused hacked P.W.1 with the knife and caused bleeding injuries on the neck, stomach, elbow and over the head. The incident was witnessed by P.W.2, L.W.4 and L.W.5 and others. P.W.1 was immediately shifted to hospital. Basing on the complaint lodged by the injured, P.W.1, a case was registered against the appellant/accused for the offence under Section 324 IPC. Since the police failed to file the case against the accused for the offence punishable under the provisions of SCs and STs (PoA) Act, PW.1 laid a complaint before the Magistrate and the same is forwarded to the police authorities and that the same is registered as a crime against the appellant/accused under Sections 307 IPC and Sections 3 (1)(ii) and 3(1)(x) of the SCs and STs (PoA) Act. After completion of the investigation, charge sheet was filed.
To substantiate the case of the prosecution, during the course of trial, P.Ws.1 to 10 were examined and Exs.P.1 to P.10 and M.O.1 were marked. No oral evidence was adduced on behalf of the accused, but marked Exs.D.1 to D.3.
On appreciation of the oral and documentary evidence and on hearing the arguments on both sides, the Court below convicted the appellant/accused for the offences under Section 3(1)(x) of the SCs and STs (PoA) Act and Section 324 IPC and accordingly sentenced him as stated above. Aggrieved thereby, the present Criminal Appeal is preferred by the appellant/accused.
Heard and perused the entire material available on record.
As per the complaint, Ex.P.1, the appellant/accused assaulted P.W.1 with knife on his neck, left hip, forehead and right hand and caused bleeding injuries. In the complaint Ex.P.1, there is no mention about the appellant/accused abusing P.W.1 in the name of his caste. Curiously, the injured, P.W.1 subsequently filed a private complaint, Ex.P.2, before the Court of Judicial Magistrate of First Class, Prathipadu, alleging that the accused abused him in the name of his caste. In this connection, in Ex.P.2, P.W.1 stated as follows.
“MALA LANJA KODAKA. WITHOUT HEEDING MY WORD WHERE YOU COULD SUSTAIN; I COULD MAKE YOU TO VACATE THE SITE AND GO AWAY; ARE YOU ANSWERING ME? I COULD KILL YOU AND YOUR FAMILY AND BURNT YOU ALL ALIVE IN MY HOUSE”.
On a reading of the above complaint, this Court is of the view that the appellant/accused cannot be held to have committed any offence under the provisions of SCs and STs (PoA) Act. Mere abusing a person in the name of his caste itself is not an offence under Section 3(1)(x) of the SCs and STs (PoA) Act. To attract an offence under Section 3(1)(x) of the SCs and STs (PoA) Act, the act of the accused should be an intentional one to insult or humiliate the person belonging to Scheduled Caste or Scheduled Tribe. Even admitting the appellant/accused abused P.W.1 in the name of his caste to be true, the same cannot attract an offence under Section 3(1)(x) of the SCs and STs (PoA) Act. Hence, the accused cannot be attributed to have any intention to insult or humiliate P.W.1 in the name of his caste. Further, the prosecution has failed to produce caste certificate to show that the injured, P.W.1 belongs to Scheduled Caste or Scheduled Tribe. Hence, the conviction and sentence imposed by the Court below against the appellant/accused for the offence under Section 3(1) (x) of the SCs and STs (PoA) Act is liable to be set aside and is accordingly set aside.
Insofar as the conviction imposed by the Court below against appellant/accused for the offence under Section 324 IPC is concerned, this Court is of the view that the evidence of P.W.1 is supported by the evidence of P.W.2, as well as P.W.6, who issued Wound Certificate, Ex.P.5. Hence, the conviction imposed by the Court below against appellant/accused for the offence under Section 324 IPC is hereby confirmed.
At this stage, the learned counsel for the appellant/accused confines his argument with regard to quantum of sentence, and submits that as the appellant/accused has to lookafter his family and he is the only bread winner in his family and as the occurrence took place in a sudden quarrel, lenient view may be taken by this Court while imposing sentence of imprisonment.
Considering the submissions made by the learned counsel for the appellant/accused, and also in view of the fact that the entire occurrence took place in a sudden quarrel, this Court is inclined to take a lenient view.
In the result, the conviction and sentence imposed by the Court below against appellant/accused for the offence under Section 3(1)(x) of the SCs and STs (PoA) Act is set aside and the appellant/accused is hereby acquitted of the said charge. The fine amount, if any, paid by him, shall be refunded to him. The conviction recorded by the Court below against the appellant/accused for the offence under Section 324 IPC is hereby confirmed. However, this Court, taking a lenient view, modifies and reduces the sentence of imprisonment for the said offence, to the period, which the appellant/accused has already undergone. The fine amount and default condition imposed by the Court below for the offence under Section 324 IPC is not interfered with by this Court.
The Criminal Appeal is accordingly partly allowed. Consequently, miscellaneous applications, if any pending in this appeal, shall stand closed.
JUSTICE RAJA ELANGO 16.12.2014 pln