BADIYA SHETTY @ SANJEEVA SHETTY AND ORS Vs. STATE

JUDGEMENT

(1.) The appellants have challenged the conviction and sentence for the offences punishable under Section 3(1)(x) of SC and ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act of 1989" for short) and under Section 323 r/w 34 of IPC on a trial held by the Special Judge, Udupi.

(2.) The facts reveal that on 8.3.2004 at about 11.00 a.m. the appellants were proceeding in a bus named Jayadurga, in which PW9 - Raghavendra was the conductor. There was a quarrel between PW9 - Raghavendra and the appellants as to the bus fare and at that time it is alleged that the appellants abused the conductor (PW9) as 'Bolimagane' and stating that he has too much of ego and that he would make to disappear it, said to have bet PW9 - Raghavendra on his chest and stomach. Later a complaint came to be filed by PW9 as per Ex.P5. When he was taking treatment in the hospital, PW6 the Head Constable recorded the complaint and registered the same. During investigation the statements of the witnesses were recorded, spot mahazar was held as per Ex.P7 and the injury certificate Ex.P1 was collected, PW14 on completion of the investigation filed the charge sheet.

(3.) As the appellants did not plead guilty, the prosecution examined PWs.1 to 14 and in their evidence the documents Exs.P1 to 14 were marked. The statement of the appellants were recorded under Section 313 Cr.P.C. They have not led any evidence and got marked Exs.D1 to D7, the contradictions in the evidence of PWs.2, 5 and 8. The trial court after hearing the counsel for the parties and on appreciation of the material on record, has convicted the appellants for the aforesaid charges and sentenced them to undergo imprisonment for six months for the offence under Section 3(1)(x) of the Act of 1989 and to pay a fine of Rs.1,000/- for the offence under Section 323 IPC. Aggrieved by the conviction and sentence, the present appeal has been filed.