THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1055 of 2008 12-12-2014 BETWEEN:
Sunkara Appala Swamy and another.
…..Appellants/Accused 1 and 2 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.1055 of 2008 JUDGMENT:
The Criminal Appeal is preferred by the appellants/A.1 and A.2 against the Judgment dated 07.08.2008 passed in S.C. No.27 of 2008, by the Special Judge for Trial of SCs and STs (PoA) Act, whereby the learned Judge convicted A.1 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 simple imprisonment for a period of six months and to pay fine of Rs.500/- (Rupees five hundred only), in default, to undergo simple imprisonment for a period of one month. The Court below also convicted A.1 for the offence under Section 324 IPC read with Section 34 IPC and accordingly sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/- (Rupees five hundred only), in default of payment of fine, to suffer simple imprisonment for a period of one month. The Court below further convicted A.2 for the offence under Section 324 IPC and accordingly sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/- (Rupees five hundred only), in default of payment of fine, to suffer simple imprisonment for a period of one month.
The case of the prosecution, as recorded by the Court below, is as follows:
The de facto complainant/P.W.1 and the accused are residents of Singidi village. P.W.1 belongs to Scheduled Caste, A.1 who is the father of A.2, they belongs to Telaga-forward caste. On 08.09.2006 at 10.30 a.m., while P.W.1 was going to Kotturu village on his personal work, while he was at bus stand, A.1 called P.W.1 to his tailoring shop and demanded the due amount of stitching charges of P.W.1, then P.W.1 informed that he already paid the amount, then A.1 asked P.W.1 to take on oath that amount was paid for which P.W.1 took the oath, for which A.1 abused P.W.1 as “MALA LANJA KODUKULU PRAMANAMU CHEYUTA ALAWATAINADI” and also scuffled. Meanwhile A.2 came from tailoring shop and stabbed with his scissor on the backside and caused bleeding injury. PW.2 to PW4 witnessed the incident. P.W.1 presented Ex.P.1 report before the police, basing on which, the police registered a case in Cr.No.51/2006 u/s 3(1) (ii) (x) of SC/STs (POA) Act and section 324 of IPC. PW.11 took up investigation, visited the scene of offence, examined the witnesses PWs.1 to 5 and sent the injured to the hospital and after receiving wound certificate filed the charged sheet.
To substantiate the case of the prosecution, during the course of trial, P.Ws.1 to 11 were examined and Exs.P.1 to P.7 and M.Os.1 to 3 were marked. No oral evidence was adduced on behalf of the accused, but marked Exs.D.1 to D.4.
On appreciation of the oral and documentary evidence and on hearing the arguments on both sides, the Court below convicted the appellants/accused for the offences under Sections 3(1)(x) of the SCs and STs (PoA) Act and Sections 324, 324 read with Section 34 IPC and accordingly sentenced them as stated above. Aggrieved thereby, the present Criminal Appeal is preferred by appellants/A.1 and A.2.
Heard and perused the entire material available on record.
The case of the prosecution is that when A.1 asked P.W.1 to pay the stitching charges, which was due to him, and on that there was a scuffle between the accused and P.W.1 and in that scuffle, A.1 abused P.W.1 in filthy language by touching upon the caste. This Court is of the view that even admitting the entire case of the prosecution to be true, the act of the accused would not fall 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, there should be an intentional insult or humiliation to the person concerned, who belongs to Scheduled Caste or Scheduled Tribe. In the case on hand, the accused abused P.W.1 in a sudden quarrel and as such, he cannot be attributed to have any intention to insult or humiliate P.W.1 in the name of his caste and as such the conviction and sentence imposed by the Court below against A.1 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 A.1 for the offence under Section 324 IPC read with Section 34 IPC and against A.2 for the offence under Section 324 IPC is concerned, this Court is of the view that the evidence of P.Ws.1 to 4 with regard to stabbing P.W.1 with scissors by A.2 is corroborated by the evidence of P.W.10, Medical Officer, who examined P.W.1 and gave Wound Certificate, Ex.P.5. Hence, the conviction imposed by the Court below against A.1 for the offence under Section 324 IPC read with Section 34 IPC and against A.2 for the offence under Section 324 IPC is hereby confirmed.
At this stage, the learned counsel for the appellants/A.1 and A.2 confines his argument with regard to quantum of sentence, and submits that as the appellants have to lookafter their families and they are the only bread winners in their families, lenient view may be taken by this Court while imposing sentence of imprisonment.
Considering the submissions made by the learned counsel for the appellants/A.1 and A.2, and also in view of nature of offence and long lapse of time, this Court is inclined to take a lenient view.
In the result, the conviction and sentence imposed by the Court below against appellant No.1/A.1 for the offence under Section 3(1)(x) of the SCs and STs (PoA) Act is set aside and the appellant No.1/A.1 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 A.1 for the offence under Section 324 IPC read with Section 34 IPC and against A.2 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 offences, to the period, which the appellants/A.1 and A.2 have already undergone. The fine amount of Rs.500/- (Rupees five hundred only) each and default condition, as imposed by the Court below, 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 12.12.2014 pln