H L DEVARAJU Vs. STATE

JUDGEMENT

(1.) THE appellant (accused) was tried and convicted for an offence punishable under Section 324 IPC and also for an offence punishable under Section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act, 1989. Therefore, he is before this court.

(2.) I have heard Sri.Girish, learned counsel for accused and learned Government Advocate for the State.

(3.) IT is the case of prosecution that on 15.06.2008 at about 4.00 p.m., PW.1 -Jogaiah and his brother -in -law Mahadevaiah (PW.4) had gone to the shop of accused situate at Hittanahalli village, Malavalli Taluk. PW.1 purchased one bottle of liquor. The accused demanded a sum of Rs.45/ - as the price of bottle of liquor. PW.1 pleaded that he has only Rs.35/ - with him and he told the accused that he would pay the remaining sum of Rs.10/ - on the following day. The accused is alleged to have abused PW.1 by taking out the name of his caste and also assaulted on his head with a weighing stone. PW.1 suffered injuries to his head.