(1.) The appellant has challenged his conviction and sentence for the offences punishable under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 (hereinafter referred to as 'Act' for short) and Sections 504 and 324 of IPC.
(2.) The facts reveal that on 20.7.2004 at about 8.30 p.m., PW1, Hanumanthaiah, a person belonging to Adi Karnataka community, was proceeding in front of the shop of PW3, Ananthaiah at Niruvagal village and the accused, who belongs to Vishwakarma community, said to have assaulted PW1, Hanumanthaiah by abusing as Boli magane, Madigananna magane, neevu madigaru, when we have not scared Lingayath people, we will not fear for Madiga community people and saying so, he brought a glass bottle containing acid and threw it at PW1, Hanumanthaiah and accidentally PW2, Anasuyamma, sister of the accused, also sustained the burns and also the accused. In this context, PW1 approached the police and filed the complaint. The police registered the crime and during the course of investigation, PW1, Hanumanthaiah, PW2, Anasuyamma and the accused were examined by doctor, PW13, Dr.C G Sridhar, who issued the injury certificates, Exs.P9 to P11. A spot mahazar was held as per Ex.P2 in the presence of the attesting witnesses. MOs.1 and 2 were seized. The statement of the appellant was recorded under Section 313 Cr.P.C. On completion of the investigation, chargesheet was filed against the appellant for the aforesaid offences.
(3.) As the appellant did not plead guilty, the prosecution examined PWs.1 to 14 and in his evidence the documents Exs.P1 to 13 were marked. The accused has not led any evidence. The trial court after hearing the counsel for the parties and on appreciation of the material on record, convicted the appellant for the aforesaid charges and sentenced him to undergo imprisonment for one year for the offence under Section 3(1)(x) of the Act and the similar sentence has been ordered for the offence under Section 324 IPC and the appellant was ordered to pay a fine of Rs.2,000/- on each count with default sentence. Aggrieved by the conviction and sentence, the present appeal has been filed.