MADIWALAPPA Vs. STATE

JUDGEMENT

(1.) The accused/appellant has filed this appeal under Section 374(2) of Cr.P.C. challenging the judgment of conviction and order on sentence passed by the II Additional Sessions Judge, Vijayapur (for short Sessions Judge ) in Special Case No.17/2011 dated 14.08.2013, whereby, he has been convicted for the offences punishable under Sections 323, 504, 324 and 355 of Indian Penal Code, 1860 (for short IPC ) and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short, SC/ST (PA) Act ) and imposed sentence of imprisonment as well as fine.

(2.) The facts leading to this case are that the complainant and his son-in-law are belonging to scheduled caste community and on 28.02.2011, at about 2.30 p.m., within the premises of Government Primary School at Brahmadevanamadu village, the appellant/accused has picked up quarrel with the complainant and CW.7 - Ningappa Siddappa Natikar when they were sitting for marriage lunch of one Siddappa Budihal, abused them in filthy language, intentionally insulted them with intent to humiliate them being the members of scheduled caste community in a place within the public view, questioning them as to why they are sitting for lunch along with other villagers. It is also alleged that the present appellant has also assaulted CW.7 - Ningappa by chappal with an intention to dishonour him and also voluntarily caused injury to him. On the same day at 7.30 p.m., when CW.6 - Siddavva went to the house of the accused to ask in this regard, she was assaulted by accused No.1 by chappal and also abused her in filthy language by referring her caste and also assaulted her with stick on her head with the knowledge that, by that act, if he causes her death, he would be guilty of murder and it is also alleged that at the same time accused No.2 had outraged the modesty of CW.6 - Siddavva by pulling her sari and dragging her. In this regard, the complainant has lodged a complaint.

(3.) On the basis of the complaint, the crime was registered in Kalakeri police station Crime No.13/2011 against the present appellant and another accused and in the mean while, they apprehending their arrest, obtained anticipatory bail from the Sessions Court, Vijayapur and were enlarged on bail. The investigating officer has investigated the crime and filed charge sheet against the accused persons. The learned Sessions Judge took cognizance of the said offences and registered it as a special case. The appellant/accused and another accused have appeared and were enlarged on bail. The prosecution papers were also furnished to them.