HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.259 of 2011 JUDGMENT: On the basis of the complaint given by P.W-1, a case in Crime No.181 of 2008 of Thorrur Police Station was registered against the appellants-accused for the offence punishable under Section 3(i) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. After investigation, the charge sheet was filed before the learned Judicial First Class Magistrate, Thorrur, and after committal the same was numbered as S.S.C.No.8 of 2009 on the file of the Special Judge for SC/ST (POA) Cases-cum-VII Additional District Judge, Warangal. During the course of trial, the prosecution examined the complainant as P.W.1 and also examined P.Ws.2 to 12 on its behalf and exhibited Exs.P-1 to P-8. On behalf of the accused, neither oral nor documentary evidence was adduced. The learned Judge having analysed the entire evidence on record, found the accused guilty of the said offence and accordingly, sentenced them to suffer simple imprisonment for a period of six months and to pay a fine of Rs.1,000/- each, in default to suffer simple imprisonment for one month each. The same is questioned by the accused by filing this Criminal Appeal. The succinct facts of the prosecution case are that the de facto complainant belongs to mala caste, which comes under SC category, whereas the accused belongs to Golla caste, which comes under other than SC/ST category. There were land disputes between the accused and their agnates. While so, in the panchayat that took place on 04.09.2008 near Reddy Chicken Centre, Thorrur, the accused pounced upon P.W-1, abused him in filthy language by taking his caste name as “Mala Lanjakoduka Nee anthu Chusthamura” and the same was witnessed by P.Ws.2 to 5 and 9. In this regard, on the complaint given by P.W-1, a case was registered on the file of Thorrur Police Station, and after completion of investigation the chare sheet was filed. Heard learned counsel for the appellants-accused. Learned counsel for the appellants fairly conceded that it is not a case for interference, but, however, requested this Court to take a lenient view having regard to the fact that the appellants were in jail for about a week i.e., from 10.10.2008 to 16.10.008. To ascertain the said fact, this Court directed the learned Public Prosecutor to get instructions. The learned Public Prosecutor, on instructions, submitted that the appellants were taken into custody on 10.10.2008 and by virtue of the bail granted by the Court below on 16.10.2008 they were released on bail and thus, they have undergone imprisonment for about a week. Having regard to the fact that the sentence imposed on the appellants is only simple imprisonment for six months and the appellants have undergone sentence of about a week, this Court is of the view that a lenient view can be taken. Accordingly, the sentence of simple imprisonment of six months for the offence punishable under Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act imposed on the appellants-accused by the Court below, is reduced to that of the period already undergone by them. However, the fine of Rs.1,000/- imposed on each of the appellants-accused by the Court below is enhanced to Rs.3,000/- each. The fine amount enhanced by this Court shall be paid to P.W-1. Further, it is directed that the appellants-accused shall pay the enhanced fine amount within a period of four weeks from the date of receipt of a copy of this order, failing which, they shall undergo the sentence of imprisonment on them by the Court below. With the said modification, this Criminal Appeal disposed of. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 22nd March 2011 DR