STATE BY ASSISTANT POLICE COMMISSIONER, KENGERI GATE SUB-DVN. BANGALORE CITY Vs. BABU @ BOOBI AND ANOTHER

JUDGEMENT

(1.) THIS appeal is filed under Section 378(1)(3) Cr.P.C. by the State represented by Kengeri Gate Police Station, Bangalore City against the judgment dated 30.6.2006 in S.C. No. 88/2004 on the file of the II Additional City Sessions and Special Judge Bangalore, where by the accused were acquitted for the offences under Sections 328 and 307 read with 34 IPC and Section 3(i)(x) of SC/ST Prevention of Atrocities Act.

(2.) THE brief facts leading to filing of this appeal are as follows: The complainant, Doddaiah and his wife Nagarathnainma belongs to Adi Karnataka Caste Accused 1 and 2 belong to Okkaliga community. On 7.1.2008 at about 8.30 p.m., the accused with a common intention picked up quarrel and assaulted P.W. 2, Nagarathnamma. In the meanwhile, P.W. 1, Doddaiah went there to rescue P.W. 2. The accused 1 to 3 with a common intention to take away the life of P.W. 1 and P.W. 2, attacked them with deadly weapons and also abused them in filthy language knowing fully well that they belong to Adi Karnataka Caste and thereby insulted them. On the basis of the complaint given by P.W. 1 (Doddaiah), the S.H.O. Jnanabharathi Police registered a case in Crime No. 8/2003 for the offences punishable under Sections 328, 307 and 506 read with 34 IPC and also under Section 3(i)(x)(xi) of the SC/ST (Prevention of Atrocities Act.), 1989. The Investigating Officer visited the scene of offence and seized the weapons M.Os. 3 and 4 said to have been used for the commission of offence. They sent the injured persons to the Government Hospital for treatment. P.W. 6, Dr. Girija, the Medical Officer, who treated the injured persons, issued wound certificates Exs. P9 and P10 stating that P.Ws. 1 and 2 suffered simple injuries. Alter completion of investigation, Inspector of Police filed a charge sheet. After hearing the learned SPP and learned Counsel for accused, the learned trial Judge framed charges against accused for offences punishable under Sections 328 and 307 read with 34 IPC and Section 3(i)(x) of SC/ST (Prevention of Atrocities Act.).

(3.) TO bring home, the guilt of accused for the aforestated offences, the prosecution examined P.Ws. 1 to 12 and got marked Exs. P1 to P18 and material objects as per M.Os. 1 to 4.