SOMASEKHARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE accused are in appeal challenging the order of conviction and sentence passed by the Addl. Sessions & Special Judge, Mandya in Spl. Case 18/2010 on 10.12.2010.

(2.) IT is alleged, on 12.3.2010 the complainant and his witnesses and accused along with other villagers had gone to the house of one Manchasetty of Kalenahalli Village to attend a religious function, in a lorry. The complainant and his witnesses were invited for beating the drum in the function. After the function was over when the complainant demanded payment of Rs. 600/ - for beating the drum, stating that they are demanding Rs. 300/ - more, accused raised a quarrel taking out the name of the caste and also used abusive language. It is stated, the 1st accused assaulted the complainant on the left hip by kicking, the 2nd accused hit on the back side of the neck of the complainant and the 3rd accused pushed him down and bet him with hands. One Thammaiah and the brother of the complainant rescued. The incident happened in front of the house of one Manchasetty in the dark of the night. The next day, complainant was taken to K R Hospital for treatment of the injuries. Later he filed a complaint. The police have registered a case for the offences under S. 3(1)(x) of the SC/ST (Prevention of Atrocities) Act r/w S. 323, 504, 506 r/s S. 34, IPC in Crime No. 44/2010. Charge sheet was filed after investigation. The trial court, examined in all about ten witnesses and got marked five documents. After recording the statement of the witnesses, charges were framed and the accused were examined under S. 313, Cr.P.C.. Their defense is total denial. Based on the evidence, after hearing, trial court convicted all the accused under S. 235(2), Cr.P.C. and sentenced the 1st accused for the offence under S. 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and sentenced him to undergo six months rigorous imprisonment and fine of Rs. 1,000/ - default sentence of two months rigorous imprisonment and to pay a fine of Rs. 1,000/ - for the offence under S. 323 and 324, IPC, in default, to undergo one month rigorous imprisonment. Accused 2 and 3 were sentenced to pay fine of Rs. 1,000/ - each for the offence under S. 323 and 324 r/w S. 34 IPC and default sentence of one month rigorous imprisonment. As against this, accused are in appeal.

(3.) ACCORDING to the counsel representing the accused appellants, as per Ex. P1 - wound certificate, the overt act does not attract the offence under S. 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The incident has taken place in the usual course as there was a misunderstanding regarding payment of wages for beating the drum in the religious function. There is no other witness except the version of interested witnesses. Neither it was deliberate nor with an intention the accused have committed the offence much less for the use of abusive language except the oral testimony of the complainant, there is no cogent evidence.