STATE OF KARNATAKA Vs. K.VENKATAREDDY

JUDGEMENT

(1.) Challenging the judgment dated 13.08.2013 passed by the Special Judge, Ballari in Special Case No.50/2012 whereby accused were acquitted of the offences punishable under Sections 323 , 324 , 504 read with 34 of the Indian Penal Code (' IPC ' for short) and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'SC/ ST Act ', for short).

(2.) Brief facts leading to this appeal are that a complaint came to be filed by Sri P.Babu on 20.12.2011 at 4.30 p.m. with Kamalapur Police Station, stating that on the said day at 7.30 a.m. when he was riding his scooter along with Ramesh on Kamalapur-HPC road, accused No.1 and 2 stopped them near Muttu Goudar's house, abused him referring to his caste as " ?ÀÆ ?ÉÃ ?ÀÄUÀ ?ÉÃ, ?ÀtÚ eÁwAiÀÄ ?À". Accused No.1 assaulted him with a stone on his head and near left ear, accused No.2 assaulted him with chopper on his left rib, inflicting grievous injuries. The complaint was registered as Crime No.69/2011 by Kamalapur Police Station.

(3.) Immediately thereafter, FIR was forwarded to the Court of the jurisdictional Magistrate. The police after investigation filed charge sheet for offences punishable under Sections 323 , 324 , 504 read with 34 of IPC and Section 3(1)(x) of SC/ ST Act . On appearance, accused denied the charges and sought trial. During trial, prosecution examined twenty-three witnesses as PW1 to PW23 and marked Exhibits P1 to P25 and M.Os.1 to 3 were identified. On behalf of accused, eight documents were marked as Exs.D1 to D8 by way of confrontation to the witnesses.