STATE OF KARNATAKA Vs. RAMU

JUDGEMENT

(1.) APPEAL is by the State aggrieved by the order of acquittal passed against the accused for the offence punishable under S. 324, IPC and also for the offence under S. 3(1)(x) and (xi) of the SC/ST (Prevention of Atrocities) Act, 1989. The accused was charge sheeted for the offence under S. 323, 324, 354, IPC and for the offence under S. 3(1)(x) and (xi) of the SC/ST (Prevention of Atrocities) Act alleging that on 10.6.2008 around 11.00 a.m. near Kanti Halla of Rampur Village, CW 1, 4, 5 and 6 were collecting firewood and bundling them, the accused went there and abused CW 1 in a filthy language taking out the name of their caste and also expressing his anguish as to why they were collecting firewood from his land. Also, having pulled the saree of Sabamma/CW 1 (PW2), assaulted on her left knee with a stick causing bleeding injuries and also assaulted CW 4 - Sharanamma with a club on the right side of her back. CW 5 and 6 who were at the spot saw the incident and ran away. The complaint came to be filed thereafter. Since the accused pleaded not guilty and claimed to be tried, charges were framed against him. During trial, the trial court examined in all eight witnesses and got marked six exhibits and MO 1. Thereafter, the accused was examined under S. 313, Cr.P.C. His defense was total denial. After hearing, while acquitting the accused for the offence under S. 3(1)(x) and (xi) of the SC/ST (Prevention of Atrocities) Act and for the offence under S. 324, IPC, he was convicted for the offence under S. 354 and 323, IPC. Against the order of acquittal for the offence under the special enactment, the State has filed this appeal.

(2.) HEARD the counsel representing the parties.

(3.) THE complainant is examined as P.W. 2. Her evidence is to the effect that on 10.6.2008 about seven months prior to her evidence before the Court on 7.1.2009, around 10.00 a.m., when she along with CW 4 to 6 was picking/collecting firewood, the accused came there and questioned them as to why they were collecting firewood from his land. He raised a quarrel and also abused them taking out the name of the caste, held her hands and pulled her saree and also assaulted her on left thigh and knee. She has also deposed to the effect that accused assaulted Sharanamma on the back, neck and also on the left leg. PWs 5 -6 are said to be witnesses to the incident and they later filed a complaint before the police as per Ex. P3 and got themselves examined in the hospital. They have also shown the scene of offence and also identified the club - MO 1 from which the accused assaulted.