SHARNABASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned Government Pleader.

(2.) The appeal is filed by the several accused who were before the Trial Court facing trial, for offences punishable under Sections 323, 324, 325, 326 and 504 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the IPC' for brevity) and Sections 3(1)(x), 3(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC & ST Act' for brevity).

(3.) The case of the prosecution was to the effect that, one Mannu who was the complainant, had alleged that on 17.01.2004, at about 11 p.m., when he was in his house at Nelkot Tanda, the present appellants accused persons, had come and picked up a quarrel with him stating that they had obtained sanction of a sum of Rs.3,60,000/- from the State Government for construction of a three room school building and that it is they who would construct it. If anybody else was interested in putting up the construction, that the accused would have to be paid commission and since they believed that the complainant and others were seeking to put up the construction, had assaulted the complainant and one Bhoju with a stone and stick, causing bleeding injuries. When Mahadevi, Chandibai and Dasalabai came to their rescue, they were also assaulted, causing bleeding injuries. They were abused as 'Bhosadi Maklya Lamani sule Makkale' and used force to Mahadevi, Chandibai and Dasalabai in order to outrage their modesty and therefore, they had committed an offence knowing that they also belonged to a Scheduled Caste and intentionally insulted intending that such provocation would cause them to break public peace. It is on the intervention of one Laxman and Kashiram that the accused relented. It is then that the injured were sent to Hospital for treatment on the police having informed of the incident.