MOHAMMED LATIF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant-accused No.2, who is sought to be prosecuted for the offences punishable under Ss. 302, 323, 504, 506 R/w Sec. 34 of IPC and Ss. 3(1)(r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 has filed this appeal under Sec. 14-A of the SC/ST (PA) Act to enlarge him on bail.

(2.) Initially FIR was registered for the offences punishable under Ss. 143, 147, 148, 307, 323, 504, 506 R/w Sec. 149 of IPC and Ss. 3(1)(r)(s), 3(2)(v) of the SC/ST (PA) Amendment Act, 2015, alleging that a quarrel had taken place between accused No.1 and the deceased, since accused No.1 had spat on the deceased. Thereafter, all the accused by forming an unlawful assembly came, and accused No.1 stabbed the deceased on his stomach with knife and accused Nos.2 and 3 assaulted the CW.2 with their hands. After the incident, the deceased was taken to hospital for treatment, however, succumbed to the injuries after 04 days from the date of incident. Hence, the police filed the charge-sheet for the offence punishable under Sec. 302 of IPC apart from other offences.

(3.) Heard the learned counsel for the petitioner - accused No.2 herein and the learned High Court Government Pleader for the respondent No.1 - State.