BASAVARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 01.10.2005 passed by the Special Judge, Hassan, in Special Case No. 100/2001 convicting Appellant No. 1/Accused No. 1 for the offences punishable under Sections 341 and 324 of IPC and also under (for short 'Special Act') and convicting Appellant No. 2/Accused No. 2 for the offence punishable under Section 324 of IPC. Appellants-1 & 2 along with five other persons were tried for the offences punishable under Sections 143, 341, 324, 323 & 506 r/w. 149 of IPC and Sections 3(1)(x) and 3(1)(xi) of the Special Act inter alia alleging that, at about 12.30 pm on 31.12.1994 when the complainant and his family members were removing the paddy crop in their land situated in Karjuvalli Village, these appellants and other accused forming themselves into an unlawful assembly by sharing a common object, came near the land and among them, Accused No. 1 wrongfully restrained the complainant: PW. 1-Shivanna, a member of scheduled caste and abused him touching his caste with an intention to insult and humiliate him and then assaulted him with a sickle and also threatened to take away his life and when PW. 4 came to the rescue of PW. 1, Accused No. 2 assaulted PW. 4 with a sickle and abused him by taking his caste name and when PW. 5- Ravi came to the rescue of PW. 4 and PW. 1, he was also assaulted by Accused No. 2 and when PW.6-Dyavamma came to the rescue of her sons, Accused No. 1 abused her and caught-hold of her tuft, pushed her by threatening to kill her and all the accused persons abused the complainant, his brothers and others touching their caste.

(2.) The accused persons pleaded not guilty for the charges levelled against them. The prosecution in order to bring home the guilt of the accused persons, examined PWs. 1 to 9 and produced documentary evidence-Exs. P1 to 15 and material objects-MOs. 1 & 2. Accused persons denied all the incriminating circumstances appearing against them in the evidence of the prosecution witnesses. They did not choose to lead any defence evidence. Their defence was one of total denial and that of false implication.

(3.) After hearing the learned Counsel appearing on both sides and on assessment of oral as well as documentary evidence, the learned Special Judge by the judgment under appeal held that the prosecution has failed to prove the guilt of Accused Nos. 3 to 7 for any of the charges levelled against them and consequently acquitted all of them of all the charges. However, learned Special Judge held that the evidence on record satisfactorily established that Accused No. 1 abused PW. 1, a member of the Schedule Caste touching his caste with a view to insult and humiliate him in public place, therefore, he is guilty of the offence punishable under Section 3(1)(x) of the Special Act. The learned Special Judge also held that the prosecution has proved the guilt of Accused No. 1 for the offences punishable under Sections 341 and 324 of IPC. The learned Special Judge further held that Accused No. 2 is guilty of the offence punishable under Section 324 of IPC. In that view of the matter, Accused Nos. 1 & 2 were convicted for the aforesaid offences. Accused No. 1 was sentenced to undergo imprisonment for six months and to pay fine of Rs. 500/- for the offence punishable under Section 3(1)(x) of the Special Act and he was further sentenced to pay fine of Rs. 300/- for the offence punishable under Section 341 of IPC and to pay fine of Rs. 2,500/- for the offence punishable under Section 324 of IPC. Accused No. 2 was sentenced to pay fine of Rs. 2,500/- for the offence punishable under Section 324 of IPC. Aggrieved by the said judgment of conviction and order of sentence, the appellants/Accused Nos. 1 & 2 have filed this appeal.