RAMESH REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by the appellant/accused challenging the judgment rendered by the Addl.District and Sessions Judge, Chitradurga in Spl.C.No.30/2010 dated 16.08.2010 convicting the accused for the offences punishable under Sections 323, 324, 326 of IPC and Section 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The accused was sentenced to undergo SI for a period of six months and to pay fine of Rs.500/- and in default, to undergo SI for two months for the offence punishable under Section 3(1)(x) of SC/ST (PA) Act. Further, the accused was sentenced to pay fine of Rs.500/- for the offence under Section 323 IPC and in default, to undergo SI for two months. Further, the accused was sentenced to pay fine of Rs.1,000/- for the offence under Section 324 IPC and in default, to undergo SI for a period of six months. Further, for the offence under Section 326 of IPC, the accused was sentenced to undergo SI for three years and to pay fine of Rs.10,000/-, in default, to undergo SI for two years. The sentence was ordered to run concurrently. Further, acting under Section 357(b) Cr.P.C., a sum of Rs.8,000/- was awarded as compensation to PW.2 for the injuries sustained by him from out of the fine amount.

(3.) The factual matrix of the appeal is that complainant namely Gopi was moving on the road in front of the house of Angadi Rajanna at around 7.50 p.m on 15.10.2009, at Kurumaradikere village. At that time, accused namely Ramesh Reddy came there and due to earlier ill-will that existed between them in relation to previous elections, he abused him in filthy language by taking up his caste and started blaming that his father had foisted a false case against him and made him to attend court proceedings unnecessarily and saying so, the accused assaulted him with hands and legs all over his body. When CW.2 Parasappa came there to save the complainant, the accused abused him by taking his caste name and hit CW.2 with a stone which was there nearby on his head thereby causing grievous hurt. In the meantime, CWs.4 to 6 arrived at the spot and tried to extricate the quarrel. Thereafter, the complainant and CW.2 were taken to the hospital. Upon receipt of the hospital memo, CW.16 - the PSI of Rural Police Station visited the Government Hospital where CWs.1 and 2 were taking treatment and received written complaint from the complainant. On the basis of the said complaint, he registered a case against the accused for the aforesaid offences. Further, CW.17 - Dy.SP, Chitradurga took up case for investigation. During the course of investigation, he recorded the statement of witnesses and so also, in the present of panch witnesses conducted spot mahazar and also secured the wound certificate of CWs.1 and 2 and laid the charge sheet against the accused before the Special court for trial.