IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2496 of 2004 DATE: 27.08.2011 Between: Boya Eswaramma and others …… Appellants And The State of A.P., rep. by Public Prosecutor, High Court, Hyderabad …..Respondent HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.2496 of 2004 JUDGMENT : The Appellants 1 and 2/A-1 and A-2 were convicted of the offence under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (In short, ‘the Act’) and were sentenced to simple imprisonment for six months and fine of Rs.1,000/- each; and the Appellants 1 to 4/A- 1 to A-4 were convicted of the offence under Section 323 I.P.C. and were sentenced to fine of Rs.1,000/- each by the lower Court by judgement dated 04-11-2004 in S.C. S.T. Sessions Case No.27 of 2004. Questioning the same, A-1 to A-4 filed this Appeal. 2) The offence is the result of quarrel between the two ladies namely A-1 and PW.1 at borewell pump in Kamavaram village located on public road. It is alleged that when PW.1 went ahead of A-1 to the borewell pump and was drawing water into her pot, A-1 went there and kicked pot of PW.1 and abused her by saying Madiga bitch and questioned her as to why she did not notice she coming to the borewell. It is further alleged that A- 1 beat PW.1 due to which she fell into drainage and that meanwhile A-2 came there and beat PW.1. It is further alleged that after one hour of the above incident, A-3 and A-4 who are the brother-in-law and son-in-law of A-1 and A-2 went to house of PW.1 and beat her with hands. The incidents are said to have been taken place on 27-03-2003 at 05-00 p.m. and 06-00 p.m. On the next day, PW.1 went to Kowthalam police station and gave Ex.P-1 report. 3) After perusal of the oral evidence let in by the prosecution, I am of the opinion that conviction of A-2 of the offence under Section 3 (1) (x) of the Act and conviction of A-2 to A-4 of the offence under Section 323 I.P.C. are not sustainable. Though PW.1, PW.2 and PW.7 spoke about A-2 also abusing PW.1 as Madiga bitch, it does not find place in Ex.P-1 report. PW.1 in her cross-examination deposed that Ex.P-1 was prepared by her caste association called Madiga Sangham. If really, A-2 also abused PW.1 in the name of her Madiga caste, certainly the said fact would have found place in Ex.P-1. 4) Further, medical evidence of PW.8 and Ex.P-2 wound certificate do not corroborate the alleged beating of PW.1 by A-2 to A-4. There are no corresponding injuries on PW.1 with regard to overt acts spoken against A-2 to A-4. As per the medical evidence, there was only one abrasion on left cheek of PW.1. A slap injury cannot cause an abrasion though it may cause swelling or redness of cheek. An abrasion can be caused in case a nail or a ring is involved during the course of slap. PW.8 further deposed that abrasion on left cheek is possible due to fall on left side. Therefore, the said injury is possible because of fall of PW.1 in the drainage canal during the course of quarrel between A-1 and PW.1. 5) It is evidence of P.W-1 that she went to bore well to fetch water and placed her pot for water under the bore pump and that A-1 came there and abused her by naming her caste as Madiga bitch and questioned her as to whether A-1 was not seen by her and that A-1 kicked P.W-1’s pot with leg and also kicked P.W-1 with leg on stomach due to which she fell in a drainage. It is contended by the appellant’s counsel that there is discrepancy in the evidence of P.W-1 from Ex.P-1 with regard to utterances made by A-1. In Ex.P-1 it was stated by P.W-1 that A-1 abused her as Madiga bitch and questioned her as to whether she did not take note of A-1 coming there. Though there are discrepancies with regard to utterances other than Madiga bitch said to have been made by A-1 towards P.W-1, it is consistent evidence of P.Ws 1 to 7 that A-1 abused P.W-1 in the name of her caste as Madiga bitch. Since the quarrel took place for some time at the bore pump, several words might have been exchanged between P.W-1 and A-1 and what all stated by P.Ws 1 to 7 were picked up by them at their choice. But in one voice, all of them stated that A-1 abused P.W-1 as Madiga bitch. There is total consistency on the aspect of the said abuse in the name of caste uttered by A-1 towards P.W-1. 6) It is contended by the appellant’s counsel that P.Ws 1 to 7 are all witnesses belonging to same Madiga caste and that no witness was examined from other castes even though as per Ex.P-3 rough sketch of the scene there are houses of others in the locality where the bore pump is located. Except P.Ws 2 to 7 belonging to the same community, there are no other allegations against them as to how they are interested in P.W-1 personally or antagonistic towards A-1 or her family members. This Court cannot give a ruling to the affect that in cases under the S.Cs and S.Ts (Prevention of Atrocities) Act, witnesses from other castes are necessary or compulsory. It all depends upon reliability of the witnesses examined. Taking into consideration, the exaggerations and defects in the evidence of prosecution witness, this Court came to the conclusion that A-2 to A-4 are entitled for benefit of doubt in this case. That does not mean that total evidence of P.Ws 1 to 7 is liable to be thrown out as false or unbelievable. Falsity in the prosecution evidence has to be separated from truth. Even though it is suggested to P.W-1 that she is in the habit of claiming compensation from Government on the ground of atrocities on scheduled castes, P.W-1 denied the said suggestion. She says that previously she never claimed any such compensation and that even in this case she did not receive any compensation from the Government. It is suggested to some of the prosecution witnesses that they gave evidence in cases filed under the Act previously, but those witnesses promptly denied the said suggestions of the defence counsel in their cross-examination. No evidence is let in to show that P.W-1 claimed and received any compensation either previously or in this case from the Government on the ground of atrocity towards persons belonging to scheduled caste. No evidence is also let in by the accused to show that any of the prosecution witnesses were in the habit of giving evidence in similar cases and to show that they are stock witnesses for similar cases. 7) In this case, there is not only intentional insult of P.W-1 by abusing her in the name of caste as Madiga bitch by A-1, but also another insult by way of kicking P.W-1’s pot which was placed under the mouth of bore pump in public place and also in a place of public view. The scene of offence is located in the midst of residential locality on public road where there are other commercial establishments like hotel/tea shop and a baddi shop. 8) No doubt, the dispute between P.W-1 and A-1 in this case is a petty quarrel between two ladies at water pump. But for attracting Section 3(1)(x) of the Act, the dispute of exchange of words between P.W-1 and A-1 in the public place amounts to a simple offence of affray under Section 160 I.P.C coupled with Section 323 I.P.C because P.W-1 sustained injury by way of abrasion on her left cheek. It is contended that A-1 is a housewife having no criminal background. The said fact becomes relevant while deciding sentence pattern against A-1 and not in deciding whether she is guilty or not of the offences in this case. From the above discussion of the entire evidence on record independently by this Court, I of the opinion that finding of guilt of A-1 recorded by the lower Court under Section 323 I.P.C and Section 3(1)(x) of the S.Cs and S.Ts (Prevention of atrocities) Act is proper and unassailable. 9) In the result, the appeal is partly allowed setting aside the convictions and the sentences passed by the lower Court against the appellants 2 to 4/A-2 to A-4 and acquitting them; and the appeal is partly dismissed in respect of the convictions recorded by the lower Court against the 1st appellant/A-1 but altering sentence of imprisonment from six months to one month. _______________________________ SAMUDRALA GOVINDARAJULU, J August 27, 2011 ksh