STATE Vs. SADASHIVA

JUDGEMENT

(1.) The State has challenged the Judgment and Order, acquitting the respondents for the charge under Sections 323, 448, 506 r/w. 34 IPC and under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as "the SC and ST Act" for short].

(2.) The facts reveal that on 07.11.2008 at 8.00 a.m., there was a quarrel between the Neelamma and Subramani and on 10.11.2008, there was a mediation in the Panchayat and both the parties were warned not to quarrel with each other. At 7.30. p.m., when P.W.2-Sakamma was in the house with her family members, it is alleged that the respondents formed unlawful assembly with common object to cause assault and said to have abused the wife of the complainant by referring to her caste, fisted and kicked her and gave a threat to leave the village. Due to the intervention of P.Ws.3 to 5 and others, the accused were pacified and ultimately on 14.11.2008, P.W.1 approached the Police and submitted his complaint-Ex.P1, which came to be registered in Crime No.393/2008 for the offence punishable under Sections 323, 448, 506 r/w. 34 IPC and under Section 3(1)(x) of the SC and ST Act.

(3.) I have heard learned High Court Government Pleader for the appellant/State and also Sri. Sudanva D.S., learned counsel for the 1st respondent. Learned counsel for the other respondents is absent.