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3. Whether the investigation conducted in this case is in contravention of Rules 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995?

My answer to the above points are as under:

1. In the negative.

2. In the negative so far as offences punishable under Section 143, 147 read with Section 149 of the Indian Penal Code and under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the affirmative in respect of Accused Nos.1, 2 and 5 for the offences punishable under Sections 323, 355 and 504 read with section 34 of the Indian Penal Code.

14. Now on appreciation of the evidence on record, I find that the prosecution has miserably failed to prove that the accused by forming an unlawful assembly had committed the offence. Looking at the overt acts deposed by the witnesses, it is specifically only against accused Nos.1, 2 and 5 and as against other accused, it is only bald in nature. Further, assaulting a person with slippers amounts to dishonour. offences that are proved against accused Ns.1, 2 and 5 are under Sections 323, 355 and 504. So far as other accused persons are concerned, there is no clinching evidence on record. Therefore, the benefit of doubt has to be extended to them.

17. As regards other offences under Sections 323, 355 and 504 IPC is concerned, overt act spoken against only 3 accused persons would only show that there was common intention. Therefore, they are liable to be convicted for the offences punishable read with Section 34 and not under 149 of IPC. Hence, conviction of accused for the offences punishable under Section 355, 504 and 323 shall be read with Section 34 IPC.

Having regard to the evidence and material on record, I answer the point No.1 in the negative. Point No.2 partly in the negative so far as offences punishable under Sections 143, 147 read with Section 149 of the Indian Penal Code and under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are concerned. Point No.2 is partly answered in the affirmative in respect of accused Nos.1, 2 and 5 for the offences punishable under Sections 323, 355 and 504 read with section 34 of the Indian Penal Code. Point No.3 is answered in the affirmative.

The impugned judgment of conviction and for the offences punishable under Sections 323, 355 and 504 of IPC is confirmed by applying Section 34 of IPC instead of Section 149 IPC.

Fine amount, if any, paid by the accused for the acquitted offences shall be refunded to them.

Send back the records to the trial Court with copy of the Judgment.

Sd/-

Kmv                                                  JUDGE