STATE OF KARNATAKA Vs. K. RAJASHEKHARAREDDY

JUDGEMENT

(1.) The State is in appeal being aggrieved by the judgment of acquittal passed by the II Addl. District & Sessions Judge, Kolar in Spl.S.C.No.26/2007 dtd. 1/3/2016.

(2.) The prosecution's case revolves around an incident that took place on 11/3/2007 around 07.00 p.m. It is alleged that the accused persons gathered near Attikunte Cross forming an unlawful assembly being armed with clubs, chopper, long and iron rod. Their purported intention was to harm PW18 - R. Manjunath severely. Accused No.1 assaulted PW18 - Manjunath using an iron rod, while accused No.2 attacked him with a chopper. Accused No.3 assaulted him with an iron rod and accused No.5 assaulted him with long object on his head. The accused made a deliberate attempt to cause harm to PW18 - Manjunath. PW2 - R. Narayanaswamy tried to intervene, but was also assaulted by accused No.5 using his hand. PW6 - Gopinatha also stepped in and faced attacks from accused Nos.6 and 7 with a club, while accused No.8 used his fist against PW6 - Gopinatha. Accused Nos.9 and 10 inflicted injuries on PW2 - Nareppa by attacking him with clubs. Furthermore, the accused individuals directed abusive language, "holaya nanna makkale" towards Narayanaswamy, R.Narayanaswamy and Gopinatha. As a result of this incident, PW1 - D.Ramappa was notified and arranged for a vehicle to transport the injured first to General Hospital in Srinivasapura and then to Jalappa Hospital in Kolar.

(3.) In the light of above circumstances, a complaint was lodged at the Srinivasapura Police Station resulting in registration of case under Crime No.53/2007. The accused persons identified as accused Nos.1 to 10, were charged with the offences punishable under Ss. 143 , 147, 148, 323, 324, 325, 326 and 307 read in conjunction with Sec. 149 of IPC, as well as Ss. 3(1)(x) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, commonly known as the SC/ST (POA) Act.