STATE OF KARNATAKA Vs. SUDHAKAR S/O SHIVANNA

JUDGEMENT

(1.) The respondents (hereinafter referred to as 'accused Nos. 1 to 14') were tried and acquitted for offences punishable under Sections 143, 147, 148, 323, 504, 506 r/w Section 149 IPC and also for an offence punishable under Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) In brief, the case of the prosecution is, - there were civil disputes between PW-1 Anjinappa and accused No.2. On 14.07.2007, at about 6 p.m., accused No.2 had contacted PWs 1 and 2 and secured them from their village Danahalli to Belamaranahalli. Accused Nos. 1 to 14 formed into an unlawful assembly and accused no.1 threatened PW-1 to withdraw the case or else he would be killed. Accused Nos. 2 to 4 assaulted PW-1 Anjinappa. Accused Nos. 10 to 12 abused PW-1 by taking out the name of his caste with an intention to insult and humiliate in the public vision. On the same day, at about 10 p.m., PW-6 Kempanna lodged the first information and set the law into motion.

(3.) The learned Special Judge on appreciation of evidence, has acquitted the accused. In view of acquittal of accused for the afore-stated offences, the following points would arise for determination;