K. KUMAR Vs. STATE

JUDGEMENT

(1.) The accused has filed the present criminal appeal against the impugned judgment of conviction and order of sentence dated 15.09.2014 passed in Spl.C.C.No.36/2013 on the file of I Additional Sessions and Special Judge, Chikkamagaluru convicting the accused for the offence punishable under Section 302 of IPC, Section 3(1)(x) and 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Act' for short) for imprisonment of life with fine.

(2.) On 05.05.2013 at about 4:30 p.m. CW-32 who is the PSI of Town Police at the relevant point of time was on duty; received a written complaint from CW-1-Usha. In the complaint it is alleged that she belongs to Scheduled Caste, she was married to Anilkumar about 2 1/2 years back, out of their wedlock she got a male child, deceased was working in the Municipality since four years; prior to that he was doing bar-bending work, during holidays he was doing bar bending work with the accused. Accused was due a sum of Rs.6,000/- towards bar bending work to the deceased. Accused used to abuse them in filthy language when the deceased demanded the amount. It is further alleged that on 05.05.2013 at about 3:13 p.m. PW-1 and her husband went to the house of the accused and demanded to pay the amount due from him. At that time accused abused them in filthy language taking reference to his caste. He went inside the house and brought iron lever assaulted the deceased two to three times with the lever. Deceased fell down and blood was oozing from the head. Immediately she cried. At that time one Kumar and Aruna (CWs3 and 4) came to the place immediately took the injured to the hospital. On examination doctor declared that injured was brought dead. On the basis of the complaint lodged by PW-1, CW- 13 registered Crime No. 113/2013 for the offence punishable under Section 302 of IPC and Section 3(1)(x) and 3(2)(v) of the Act.

(3.) Jurisdictional Police Officer after investigation filed charge sheet against the accused. Learned Sessions Judge after securing the accused framed the charge, read out to the accused and explained. Accused pleaded not guilty and claimed to be tried. In order to prove the case of the prosecution, prosecution examined PWs-1 to 15 and marked the documents as Exs.P.1 to P.26 and material objects as M.Os.1 to 5A. After completion of investigation, prosecution recorded the statement of witnesses and also statement of the accused under Section 313 of Cr.P.C. Accused denied all incremental evidences adduced against him by the prosecution but did not adduced any defence evidence.