HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1365 OF 2010
JUDGMENT:
This Criminal Appeal is filed by the Appellant/Accused aggrieved by the conviction recorded by the Special Sessions Judge For Trial of Cases under SCs & STs (POA) Act-cum-VII Additional District and Sessions Judge, Mahabubnagar, in S.C.No.03 of 2008, dated 20.10.2010, convicting the appellant/Accused for the offence punishable under Section 324 of the Indian Penal Code and Section 3(1)(x) of the SC & STs (POA) Act, 1989; and sentence of rigorous imprisonment for a period of six months and a fine of Rs.500/- for the offence under Section 324 of the IPC; and rigorous imprisonment of six months and a fine of Rs.500/- for the offence under Section 3(1)(x) of the SC & STs (POA) Act, 1989.
2. Heard and perused the record.
3. Briefly, the case of the prosecution is that while PW1 to PW4 were sitting in the hotel, the appellant went inside for purchasing Beedies. The hotel Manager refused to give Beedies to the appellant without giving money, for which reason, the accused abused them in filthy language in the name of caste questioning 2 as to why PWs.1 to 4 were sitting in the hotel when the owner Janardhan refused to give Beedies on credit to him. In that process the accused picked up a quarrel and beat PW1. The evidence of PW1 is corroborated by PW2, PW3 and PW4 who were all present in the hotel. On the basis of complaint Ex.P1, the Police filed charge sheet of the said offence under Section 324 of the Indian Penal Code and Section 3(1)(x) of the SCs & STs (POA) Act, 1989, against the appellant.
4. The learned Sessions Judge having examined PW1 to PW11 and marked Exs.P1 to P6, found the appellant guilty of the aforesaid offenses.
5. As seen from the evidence of PWs.1 to PW4, except making vague statements that the appellant abused in the name of caste as to why they were sitting in the hotel when Janardhan refused to give Beedies, none of the witnesses mentioned about what were the utterances or the words that were stated by this appellant. To attract an offence under Section 3 (1) (x) of the SCs & STs (POA) Act, 1989, a person should have intentionally insulted or intimidated a person belonging to Scheduled Caste or Scheduled Tribe, for the reason of such person being a member of such caste or tribe. Further it should have been in public view. 3
6. Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
"(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;"
7. As seen from the incident, none of the witnesses stated that for the reason of PW1 belonging to SC or ST, the said incident had taken place. For the reason of Janardhan, who was the hotel Manager who refused to give beedies to the appellant/accused, the appellant allegedly grew angry and asked them to leave the hotel and when the witnesses refused, the appellant/accused allegedly hit PW1 with a stone on his head.
8. As seen from the evidence of the witnesses, the intention to insult or intimidate PW1, for the reason of his being a member of SC or ST cannot be inferred, the question of attracting Section 3(1)(x) does not arise. In view of the same, the conviction under Section 3(1)(x) of the SCs & STs (POA) Act, is set aside.
9. As seen from the evidence of PW9-the doctor who stated that the injuries received by PW1 were simple in nature and caused by blunt object. The evidence regarding appellant entering into the 4 hotel and hitting PW1 is consistent. For the said reason the conviction under Section 324 of the Indian Penal code is maintained.
10. However, keeping in view the incident happened in the year 2007 and also the defacto complainant/PW1 receiving simple injuries, the sentence of imprisonment under Section 324 of the Indian penal Code is reduced to the period already undergone.
11. Accordingly, the Criminal Appeal is partly allowed and the sentence of imprisonment of the accused is reduced to the period already undergone.
Miscellaneous applications, if any, pending shall stand dismissed.
__________________ K.SURENDER, J Dt.:08.11.2022 tk 5 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No. 1365 OF 2010 Dt. 14.11.2022 tk