STATE OF KARNATAKA Vs. IRAPPA DHAREPPA HOSAMANI

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment of acquittal rendered in Special Case No. 47/92 on the file of the III Addl. Sessions Judge, Belgaum. The respondent in this appeal along with one Ramanna Timmaji Kulkarni was charge-sheeted before the trial Court for committing offences punishable under Sections 353, 323 read with 34, I. P. C. and Sec. 3 (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, referred to as the Act ).

(2.) THE case of the prosecution is that on 11-2-1992, at 7. 00 a. m. , in Basavangalli of Gokak Town, Balappa Kallimani, Katigal Channaya, Yellappa Basarkatti, Lokayya Basavalingaiah Hiremath, Irappa Nagappa Simpri, Shivayogi Shigihalli and Kantappa Badami, all being employees in this Gokak Town Municipality, as public servants in discharge of their duties, had directed the accused not to proceed with the illegal construction of a staircase. The accused said to have abused the complainant and other employees who had visited the spot accusing them that they had come there to demand bribe, and the accused 1 is said to have slapped Balappa Kallimani. When the complainant and other employees, Basappa Kallimani, Irappa Simpri and another tried to intervene, they too were assaulted by accused 1 and 2, and when the complainant and Basappa attempted to remove the constructed portion, the accused 1 abused them as 'holeya bastards'. The complainant and other employees returned to the office and a complaint was lodged before the police on the same day at 11. 15 a. m.

(3.) IN the course of investigation, a case is made out that prior to the incident, the Municipality had received a complaint about the illegal construction made by the accused, and he was asked not to proceed with the same and to give an explanation, for which the accused had not given any reply. On the date of the incident, the Chief Officer had directed the aforesaid officials to go to the spot and ascertain the correctness of the information and during the course of such inspection by the aforesaid employees, the offences are alleged to have been committed against them while discharging their duties as public servants, and also that the accused abused the complainants, Balappa, Basappa Kariappa Karimani by caste name as 'holeya bastards', and thus, the accused are alleged to have committed the offences punishable under Section 3 (ii) of the Act. (The mention of this provision makes no sense since the description of the section is totally incorrect and it does not indicate to which provision it relates to in the Act ).