K P BABU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of conviction dated 20.12.2010 and the order on sentence dated 23.12.2010 passed in Special Case No.2/2009 on the file of VI Additional District & Sessions Judge and Special Court under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 at Mysuru ('Trial Court' for short).

(2.) The parties are referred to as per their original ranking before the Trial Court as Complainant and Accused in order to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the prosecution case is that the Complainant Mallesh is the resident of Hale Kempaiahnahundi, T. Narasipura Taluk. That on 11.09.2008 at about 9:00 p.m, when complainant along with Puttaraju, Mahadeva, Prakash and Mallesh were standing near the shop of one Srinivasa, at that time, the procession of Gajanana idol in order to immerse the same in the Canal was proceeding. The complainant went to make the prayer to Gajanana idol and at that time, accused No.1 pushed him back and when the complainant enquired as to why he pushed him, accused No.1 abused the complainant as and as to why he came to the road and he thought he would teach him a lesson. In the meantime, accused Nos.2 to 6 came armed with stones and clubs and abused the complainant as and assaulted him with stones on his nose, face and other parts of the body. The accused also assaulted Puttaraju-CW.6, Mahadeva-CW.7, Prakash-CW.8 and Mallesh-CW.9 with clubs and stones. Accused No.5 also abused them by taking their caste name and all of the accused persons gave the life threat to them by holding clubs in their hands stating that they would kill them. In the meantime, one Kempi Madaiah and Basavanna came and pacified the quarrel. Then, accused threw away the stones and clubs on the spot and went away. Thereafter, Kempi Madaiah and Basavanna took the complainant and other injured persons to Government Hospital, T. Narasipura for treatment.