STATE OF KARNATAKA Vs. CHANDRAPPA

JUDGEMENT

(1.) THE State, aggrieved by the Judgment and Order acquitting the respondents/accused for the charges punishable under Sections 143, 147, 148, 448, 427, 324, 307 r/w. 149 IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter called as "the Act of 1989" for short] has filed this appeal.

(2.) THE respondents will be referred as per their rank before the trial Court. The facts reveal that on 17.11.1996 at about 9.30 p.m., P.W.13- K.Narayanaswamy was proceeding on road in his village, at that time accused 1 to 5 abused him referring to his caste and questioned him as to how many times he would lodge complaint against them. They held him and caused assault with clubs and kicked him. When he escaped and went inside the house of C.W.2, all the accused formed an unlawful assembly armed with deadly weapons like clubs, choppers and with an intention to cause his death, damaged the door, windows of the house and caused assault on P.Ws.1 to 4, 13, 14 and 16 with choppers, clubs and stones and went away from the place. At the early hours of 18.11.1996, P.W.13- K.Narayanaswamy approached the Police at 3.30 a.m. and submitted his complaint-Ex.P9 to P.W.20, who registered the case in Crime No.214/1996. During the course of investigation, the injured were sent to hospital, statements of the witnesses were recorded, mahazars were drawn, required documents were collected and ultimately charge-sheet came to be filed against the accused for the aforesaid offences. In the trial Court, the prosecution examined P.Ws.1 to 20 and got marked the documents Exs.P1 to 19 and M.Os.1 to 4. Statement of the accused were recorded under Section 313 Cr.P.C. The accused took the defence of total denial. Exs.D1 and D2 are contradictions got marked in the statement of P.Ws.1 and 7. The Trial Court after hearing and on appreciation of the material on record, acquitted the accused for the aforesaid charges and aggrieved by the same, the present appeal has been filed.

(3.) WE have heard the learned High Court Government Pleader and the learned counsel for the respondents/accused.