STATE OF KARNATAKA Vs. SURYAKANTH

JUDGEMENT

(1.) This appeal is preferred by the State, aggrieved by the judgment dated 25.04.2017, passed in Special Case (SC/ST) No.84/2015, by the Court of II Additional Sessions Judge, Kalaburagi, acquitting the accused/respondents of the charged offences punishable under Sections 504, 324 and 506 read with Section 34 of Indian Penal Code (for short, 'IPC') and Section 3(1)(x) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST (PA) Act').

(2.) Heard the learned High Court Government Pleader for appellant/State and learned counsel Sri Sangoli Naganna, appearing for respondents.

(3.) It is the case of prosecution that on 20.10.2015, at about 3.00 p.m. when the first informant- PW.1 - Nijalingappa was grazing his goat in nala at Bhusanoor, accused No.1-Suryakanth of Bhusanoor village belonging to Lingayat Caste came along with his son Kumar - accused No.2 and asked him to give milk. When the complainant told him that the goats are carrying and they are not milking, he abused him by taking the name of his caste as 1 and asked his son to get a club so as to teach him a lesson. Thereafter, his son - accused No.2 brought a club and handed over to accused No.1 and he assaulted PW.1 with the said club and accused No.2 caught hold of him and abetted accused No.1 not to leave him. On hearing the hue and cry of his brother - PW.2 rushed to the spot and pacified the quarrel.