STATE OF KARNATAKA Vs. ESHWARAPPA; CHANDRAPPA; LINGARAJU

JUDGEMENT

(1.) THE judgment and order of acquittal passed by the Special Judge, Chitradurga in Spl.C.No.19/11 dated 04.09.2013 is called in question in this appeal by the State. The respondents -accused were tried and acquitted of the offences punishable under Sections 504, 323 and 326 r/w Section 34 of Indian Penal Code and Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) THE case of the prosecution in brief is that at about 10.00 a.m. on 13.04.2011, the complainant (PW1) went to the Banana and Aracanut garden of Eshwarappa (accused No.2) and cut the banana plants; on seeing the same, the accused came there; accused Nos.1 and 2 assaulted the complainant with wooden stick to his hands and legs; whereas, accused Nos.3 and 4 assaulted the complainant with hands and caused hurt; accused No.2 abused the complainant in filthy language taking the name of the caste of the victim; thereafter, panchayath was conducted and the complainant was levied Rs.501 as fine. Though the incident has taken place at 10.00 a.m. on 13.04.2011, the complaint came to be lodged at 8.15 a.m. on 14.04.0211; the first information report reached the Special Judge on 15.04.2011 at about 3.3.0 p.m.; as aforementioned, all the accused were tried for the aforementioned offences.

(3.) IN the matter on hand, PWs 1, 2 and 7 have supported the case of the prosecution apart from the police officials; all other witnesses have turned hostile; among them, PW1 is the injured eye -witness and PW2 is the wife of PW1, however, she is not an eye -witness to the incident; PW7 is the Doctor who treated the injured and issued the wound certificate as per Ex.P9.