STATE Vs. SHIVAPPA

JUDGEMENT

(1.) CRL . A. No. 695/2012 is filed by appellants (hereinafter referred as 'accused Nos. 1 to 4') against the judgment of conviction for offences punishable under Sections 324 and 506 IPC. Crl. A. No. 698/2011 is filed by the State against the judgment of acquittal of accused Nos. 1 to 4 of offences punishable under Sections 326, 341, 114 IPC and also under Section 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.

(2.) WE have heard Sri. P. Mahesha, learned counsel for accused Nos. 1 to 4 and Sri. Vijayakumar Majage, learned Government Pleader for the State.

(3.) IT is the case of prosecution that on 18.11.2005, accused Nos. 1 to 4 were tilling their land bearing Sy. No. 259 by a Tractor. PW.4 -Srinath was the driver of the Tractor. At that time, PW.1 -Rangadasaiah came near that land and told the accused not to plough the land. Accused Nos. 1 to 4 got enraged and abused PW.1 by taking out name of his caste. The accused fisted and assaulted PW1 with stones and caused injuries to him. Accused Nos. 1 to 4 were tried for offences punishable under Sections 341, 324, 326, 506 r/w 114 IPC and also for an offence punishable under Section 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. The learned Sessions Judge acquitted accused Nos. 1 to 4 of offences punishable under Sections 326, 341 r/w 114 IPC and also under Section 3(1)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. The learned Sessions Judge convicted accused Nos. 1 and 2 for an offence punishable under Section 324 IPC and sentenced them to pay fine of Rs. 3,000/ - each with default sentence of simple imprisonment for a period of two months. The learned Sessions Judge convicted accused Nos. 3 and 4 for offences punishable under Section 506 IPC and sentenced them to pay fine of Rs. 2,000/ - each with default sentence of simple imprisonment for a period of one month. The State is aggrieved by the judgment of acquittal of accused Nos. 1 to 4 and accused Nos. 1 to 4 are aggrieved by the judgment of conviction for the aforestated offences.