STATE OF KARNATAKA Vs. DHARMAVEERA

JUDGEMENT

(1.) THE learned Special Judge has acquitted respondent (hereinafter referred as 'accused') of an offence punishable under section 324 IPC and also of an offence punishable under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'). Therefore, State has filed this appeal.

(2.) I have heard Sri B.Visweswaraiah, learned HCGP for State. I have been taken through the evidence of PW1 to PW4 and PW6 and documentary evidence marked as Ex.P.1 to EX.P.7.

(3.) IT is the case of prosecution that on 19.09.2008 at about 8.30 p.m., on Tarikere -Hadikere Road near Kote Camp, when PW1 -Ranganath S/o. Kariyappa, PW2 - Ranganath S/o. Hanumanthappa, PW3 -Ranganath S/o. Basappa and PW4 -Shivanna were talking to PW6 -Manjappa, (an auto driver) to go to their village, accused reached that place in a tractor. The accused got annoyed after seeing that autorickshaw of PW6 had been parked across the course of tractor. The accused picked up a quarrel with PW6. PW1 to PW4 joined PW6 and quarreled with accused. In that process, accused assaulted and abused PW1 to PW4 by taking out the name of their caste with intention to insult them within public vision.