RAVIKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two appeals have been disposed of by a common judgment as they arise from the judgment in Special Case No. 32/2009, on the file of the Special Court at Udupi constituted under sec. 14 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as 'the Act'). Criminal Appeal No. 42/2011 is filed by accused Nos. 1 to 3 and Criminal Appeal No. 414/2011 is filed by the State. If a brief reference is made to the incident that led to prosecution of the accused, it is as follows : -

(2.) On 26/5/2009 at about 5.00 PM, all the three accused went to the house of PW1; Ravichandra and uttering the words, "[xxx xxx xxx]" in Tulu language, assaulted him with their hands and jack lever of the car. As he screamed, PWs2 and 3 came to that place and rescued him. In the hospital he made a statement before the police on the basis of which FIR was registered. The police held investigation and charge sheeted all the accused.

(3.) The prosecution examined 14 witnesses and got marked 17 documents as per Exs. P1 to P17 and one material object, i.e., a jack lever. Appreciating the evidence of the witnesses, the trial court held that the prosecution could prove its case against all the accused for the offences punishable under Sec. 323, 324, 504, 506 of IPC and sec. 3(1)(x) of the Act read with sec. 34 of IPC and sentenced each of them to pay fine of Rs.2,500.00 for each offence. Aggrieved by this judgment, the accused have preferred the appeal and the State has also preferred the appeal seeking enhancement of the sentence.