MAHADEVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Appeal No.100014/2016 has been preferred by accused Nos. 1, 3 and 5 challenging the judgment of conviction and order of sentence dated 14.10.2015 and 17.10.2015 passed by II Addl. District and Sessions and Special Judge, Dharwad in Special SC/ST.CC No.38/2012. Criminal Appeal No.100166/2016 has been preferred by the State challenging the order of acquittal of accused Nos. 2 and 4 for the offence punishable under Sections 342 and 302 R/w. Section 149 of the IPC and to convict the accused for the offences punishable under Sections 302, 307, 323, 498A and 511 R/w. Section 149 of the IPC and also under Sections 3(1)(x) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST Act', for short).

(2.) We have heard the learned counsel Sri.K. M. Shiralli for the appellants/accused Nos. 1, 3 and 5 and the learned Addl. SPP Sri. V. M. Banakar, for the State.

(3.) The factual matrix of the case are that, on 05.08.2012 at about 5.30 pm, when the deceased Suresh Walikar was proceeding on road, accused No.1 Mahadevappa suspecting that he had illicit relationship with his wife, assaulted the said Suresh Walikar with stick on his head and when he fell down accused No.1 dragged him to his house and there accused Nos.1 to 5 by constituting an unlawful assembly inside the house, closed the front and back doors of the house and tied the hands, legs of Suresh and the wife of accused No.1 Saraswati with a plastic rope and accused No.5 caught hold of the legs of Suresh. It is alleged that accused No.1 assaulted them with sickle and accused No.4 assaulted Saraswati with knife and caused bodily grievous injuries. At that time, accused No.2 was watching near the back door and accused No.3 was watching near the front door by standing inside the house. It is further alleged that the people who were aware of the said fact pushed the door and they noticed the act of the accused and immediately they have shifted the said injured to the hospital, but the said Suresh died on the way to the hospital and the wife of accused No.1 Saraswati was got admitted in the hospital and she recovered from the injuries. It is further alleged that, accused Nos.1 to 5 have abused the deceased Suresh by referring to the name of his caste as "Walmiki Soolemagane" and intentionally insulted him. In that light, a complaint was registered. On the basis of the complaint, a case has been registered in Crime No.91/2012. Thereafter, after investigation charge sheet was filed as against accused Nos. 1 to 5.