THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1328 of 2005 15-12-2014 BETWEEN:
Meesala Appalanaidu …..Appellant/accused AND The State of A.P., rep. by Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh …..Respondent THIS COURT MADE THE FOLLOWING JUDGMENT:
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1328 of 2005 JUDGMENT:
This Criminal Appeal is preferred by the appellant/accused against the Judgment dated 18.08.2005 passed in S.C.No.4 of 2004 (SC&ST) by the Court of the Special Judge to try the offences under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – cum – Metropolitan Sessions Judge, Visakhapatnam, whereby the learned Judge found the appellant/accused guilty for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and accordingly convicted and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.2,000/- (Rupees two thousand only), in default to suffer simple imprisonment for a period of one month.
The case of the prosecution is as follows:
That the accused is the then C.P.M., Secretary of Anandapuram village and he settled the dispute between P.W.1 and SC Colony people regarding the pathway to be laid adjacent to the house of P.W.1. On the date of occurrence, when the appellant/accused is entering into the Panchayat office, P.W.1 followed and questioned the accused and also demanded him to give the papers relating to compromise arrived at between P.W.1 and SC colony people. Aggrieved over the same, the accused abused her as “Mala Lanja Neeku Emi Kagitham Kavali” and also assaulted her with cheppals. The occurrence took place at 12.30 p.m., and the complaint was lodged by 5.00 p.m., to the Head Constable and the same was registered and was investigated. After completion of the investigation, police filed charge sheet.
To substantiate the case of the prosecution, P.Ws.1 to 6 were examined and Exs.P.1 to P.5 were marked. D.W.1 was examined on behalf of the accused, but no documentary evidence was adduced.
The entire case of the prosecution relied on the evidence of P.Ws.1 and 2.
P.W.1 is the aggrieved person and P.W.2 is closely related to P.W.1. The learned trial Judge after appreciating the evidence of P.Ws.1 and 2 and also relying on the evidence of P.W.3, found the appellant/accused guilty for the offence under Section 3(1)(x) of the SCs and STs (PoA) Act, and accordingly convicted and sentenced him as stated above. Aggrieved by the same, the present appeal is preferred by the appellant/accused.
Heard and perused the entire material available on record.
In the present case, even though the prosecution charged the appellant herein along with two other persons, they are discharged by the trial Court under Section 227 of Code of Criminal Procedure and the same was challenged by filing a criminal revision petition before the High Court and the said revision petition was also dismissed by this Court. Hence, the accused alone was tried for the offence under Section 3(1)(x) of the SCs and STs (PoA) Act. Hence, it is evident from the record that P.W.1 with an intention to implicate the other two persons in the case lodged the complaint to attract an offence under the provisions of SCs and STs (PoA) Act, whereas the other two persons were discharged on the basis of the petition filed before the trial Court.
The facts and circumstances on which the occurrence took place, according to P.W.1, are as follows. On an earlier occasion, the appellant herein along with other village elders convened a panchayat among the scheduled caste people and in that panchayat, even though P.W.1 belongs to Scheduled Caste objected laying of the road through her land. The said dispute was settled by the appellant herein along with other scheduled caste people. It is clearly evident that the appellant/accused is not having any animosity towards the scheduled caste people. Further, it is the case of P.W.1 that when the accused was entering into the Panchayat office, she only followed and demanded him to handover the papers pertaining to the settlement arrived at between P.W.1 and the SC colony people. Contrary to the evidence of P.W.1, it is stated by P.W.3, Sarpanch, that there was a quarrel between P.W.1 and the accused in connection with the settlement. He deposed that he told the accused and P.W.1 not to raise any shoutings before him and wanted them to disperse from the office. Hence, it reveals that there was an altercation between P.W.1 and the appellant/accused. The evidence of P.W.2, who is closely related to P.W.1, is highly unbelievable and it is not clear from the record as to what necessitated P.W.2 to accompany P.W.1 to the place of occurrence. Further, it is evident from the evidence adduced by P.W.1 that she is the person who started quarrel with the accused when he is entering into the Office of Panchayat. Even admitting the allegation that the accused uttered the words by touching upon the caste of P.W.1 in a quarrel is true, it will not attract an offence under Section 3(1) (x) of the SCs and STs (PoA) Act. Further, on perusing the entire evidence it can be construed that P.W.1 is having grudge over the appellant/accused in view of the attitude of the appellant/accused in settling the dispute between P.W.1 and the SC colony people. It is also very clear that it is P.W.1, who is having animosity towards the other scheduled caste people and not the appellant/accused since he settled the dispute in favour of the scheduled caste people. Further, if it is the case of P.W.1 that she was assaulted by the accused with cheppals, necessarily other charges should have been framed against the accused. However, it is not explained by the prosecution for not framing the other charges. It is curious that the investigating agency has not framed any charge and the learned trial Judge also has not framed any charge regarding the assault on P.W.1 with cheppals by the accused.
In view of the above discussion, this Court is of the view that it is highly unsafe to convict the appellant/accused for the offence under Section 3(1)(x) of the SCs and STs (PoA) Act, relying only on the evidence of P.W.1 in a case where the minimum punishment is prescribed. Further, the evidence of P.W.1 also does not inspire the confidence of this Court taking into consideration the facts and circumstances of the case. Hence, this Court is of the view that the prosecution has failed to prove the guilt of the appellant/accused for the offence under Section 3(1)(x) of the SCs and STs (PoA) Act beyond all reasonable doubt and as such, the appellant/accused is entitled for acquittal of the charges framed against him. 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.
In the result, the Judgment of the trial Court in convicting and sentencing the appellant/accused for the offence under Section 3(1)(x) of the SCs and STs (PoA) Act is hereby set aside and the appellant/accused is acquitted of the said charge. The bail bonds shall stand cancelled and the sureties stand discharged. The fine amount, if any, paid by the appellant/accused shall be refunded to him.
The criminal appeal is accordingly allowed. Consequently, the miscellaneous petitions, if any pending in this appeal, shall stand closed.
JUSTICE RAJA ELANGO 15.12.2014 pln