STATE OF KARNATAKA Vs. SHIVAKUMAR

JUDGEMENT

(1.) THE learned Special Judge has tried the respondent (hereinafter referred as 'the accused') for offences punishable under sections 323 or in the alternative 352 & 504 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'). The learned Special Judge has acquitted respondent (hereinafter referred as 'accused') of an offence punishable under section 323 IPC and also of an offence punishable under 3(1)(x) of the. Therefore, State has filed this appeal.

(2.) I have heard learned HCGP for State and learned counsel for accused.

(3.) IT is the case of prosecution that PW1 -Rathnamma and her daughter PW2 -Sunitha and accused were occupants of the same building. They had a common toilet. On 20.07.2006, accused who had gone to use toilet had not switched off the light. Therefore, PW2 questioned accused. The accused got annoyed and abused PW2 by taking out name of her caste and assaulted her. When PW1 questioned accused as to why he had abused her daughter (PW2), accused also abused PW1 by taking out the name of her caste with intention to insult her within public vision. When PW2 questioned the accused, he slapped PW2. When PW1 questioned accused, he pushed her and caused injuries to her.