PRASAD REDDY Vs. THE STATE

JUDGEMENT

(1.) The appellant was convicted by the learned Prl.District & Sessions Judge, Chikkaballapura, (hereinafter for brevity referred to as "trial Court"?) in Spl.C.C.No.22/2010, by the judgment of conviction and order on sentence dated 18.12.2013, for the offence punishable under Section 324 of Indian Penal Code, 1860 (hereinafter for brevity referred to as Rs. IPC') and sentenced him accordingly.

(2.) The summary of the case of the prosecution is that, on 3.4.2010, near Lakshmidevana Kote Bus Stand, within the limits of complainant-Police Station, when PW-1 Manjunatha demanded for return of his jeans jacket from accused No.1, he abused the complainant in filthy language and also insulted him by taking the name of the caste and on the same day night at about 8.30, the accused No.1 armed with deadly weapon i.e., chopper, went to the house of PW-1 and making criminal trespass into his house with an intention to commit criminal offence, dragged PW-1 out of his house and assaulted him with the chopper he was possessing voluntarily causing grievous hurt. At that time, accused Nos.2 and 3 also abused PW-1 in filthy language taking the name of his caste and when CW-2 (PW-2) tried to rescue his brother (PW-1), he was also assaulted by the accused and thereby have committed the offences punishable under Sections 504, 448, 324 read with Section 34 of IPC and under Section 3 (1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter for brevity referred to as Rs. SC/ST Act').

(3.) Charges were framed against the accused for the alleged offences. Since the accused pleaded not guilty, in order to prove the alleged guilt against the accused, the prosecution examined fifteen witnesses from PWs.1 to PW-15 and got marked documents from Exs.P-1 to P-16 and material objects from MO-1 to MO-3 were marked. From the accused side, neither any witness was examined nor any documents were marked as exhibits.