STATE OF KARNATAKA Vs. R GOVINDARAJU

JUDGEMENT

(1.) THE respondents (hereinafter referred as 'accused 1, 2 & 4') were tried for offences punishable under sections 324 & 506 r/w 34 IPC and also for 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'). Accused No.3 -Raghavendra, since a juvenile was not sent for trial along with accused 1, 2 & 4. The learned trial Judge has acquitted accused 1, 2 & 4 of aforestated offences. Therefore, State has filed this appeal.

(2.) I have heard Sri B.Visweswaraiah, learned HCGP for State and Sri Raghavendra, learned counsel for accused 1, 2 and 4.

(3.) IT is established from evidence on record that accused 1, 2 and 4 and PW1 to PW6 are residing in Srinivasa Colony in Subramanyapura, within the jurisdiction of Subramanyapura Police Station at Bangalore. Accused 1 and 2 are the sons of accused No.4. At the relevant time, accused No.4 was aged about 70 years. PW3 -Dharmaraj is the elder brother of PW6 -Pavithra, who at the relevant time was working in a garments factory. The houses of PW3 and accused No.1 are situate in the same locality. Accused No.1 was teasing PW6 whenever she was going to garments factory. Therefore, PW6 had complained to her elder brother (PW3) about activities of accused No.1. PW3 had approached PW1 -Ramaswamy, who was an elderly person and a local leader to advice accused No.1; on 08.12.2006 at about 9 p.m., PW1 called accused No.1 to admonish him; at that time, accused 2 and 4 came and abused PW1 by taking out the name of his caste and accused No.1 told that PW1 belongs to Vaddar caste and there was no need for accused No.1 to talk with PW1; at that time, son of PW1 namely PW2 -Suresh came to the rescue of his father (PW1). Accused No.2 removed a knife from his pocket and tried to assault PW1. PW2 intervened. Accused 1 and 3 assaulted PW2 with an iron rod. Accused No.4 caught hold of neck of PW1. Some persons pacified quarrel. Thereafter, first information was lodged by PW1.