DHAREPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri S.S.Mamadapur, learned counsel for the appellant, learned High Court Government Pleader for respondent No.1 and Sri R.S.Lagali, learned counsel for respondent No.2-defacto complainant.

(2.) The present appeal is filed under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , (for short, hereinafter referred to as 'SC/ST (POA) Act') with the following prayer:

(3.) Brief facts which are necessary for disposal of the present appeal are as under: Upon the complaint filed by Sri Manjunath S/o Maruthi Naikodi, Kalakeri Police registered a case in Crime No.16/2021 for the offences punishable under Ss. 302 , 109 r/w Sec. 34 of IPC and Ss. 3(1)(r)(s) and 3(2)(v) of the SC/ST (POA) Act. In the complaint, it is contended that wife of the complainant, Sunita, belong to Hadginal village and she has been elected as panchayat member and the said constituency was reserved for 'ST (Woman)'. In the election, since Sunita was elected, there was rift between the complainant party and accused party. In pursuance of the said rift, on 28/2/2021 at about 10.00 a.m., the elder brother of the complainant, Mallikarjun had visited Hadginal village and the complainant had gone to Puradal village. Around 5.00 p.m., when the complainant was in Puradal village, he received an information that his elder brother Mallikarjun has been done to death by Dhareppa and others. Immediately, he visited Hadginal village and he found the dead body of his elder brother near Basavanna temple.