STATE OF KARNATAKA Vs. SHANKARAPPA AND ORS.

JUDGEMENT

(1.) Heard the learned Govt. Pleader and learned amicus curiae and perused the records.

(2.) This appeal is directed against the Judgment and Order of acquittal of four accused persons passed by Special Court, Tumkur, in Special Case No. 19/2005.

(3.) Case of the prosecution in brief is that P.W.2 and Accused No. 2 are the neighbours; Accused No. 1 is the son of Accused No. 2; It is alleged in the complaint that one Basavalingappa, the neighbour of the complainant was sharing the ration distributed by the State Govt. in favour of the complainant to extent of half; Accused No. 2 was paying the amount of money to the said extent to the complainant; Accused No. 2 had paid Rs. 100/ - about 15 years prior to the incident to the sister of the complainant by name Puttamma -P.W.3 for purchasing the ration to an extent of half as usual; Since the complainant did not part with half of the ration to Accused No. 2, there was a quarrel between Accused No. 2 and the complainant; At about 8.00 p.m., on 31.12.2004, P.Ws.2, 3 and 4 were taking dinner in their house and at that time, Accused Nos. 1 and 2 came to their house and demanded the ration; P.Ws.2 and 3 told Accused Nos. 1 and 2 that they need the ration of that month completely and therefore, they are unable to part away with the ration; Accused No. 1 went back and came back along with Accused Nos. 3 and 4 to the house of the complainant and once again asked the complainant to part with half of the ration; Such request of the accused was turned down by P.Ws.2, 3 and 4 and consequently, all the accused assaulted P.Ws.2, 3 and 4 with sticks and caused bleeding injuries; P.Ws. 1 and 9 separated the quarrel. Based on these allegations, complaint came to be lodged by P.W.2 as per Ex. P.4, which came to be registered in Crime No. 66/2004 of Honnavalli Police, Tipatur Taluk, Tumkur District. The crime came to be registered by the Sub -Inspector of the Police/P.W.12 and on completion of investigation, P.W.14 laid charge -sheet against all the accused for the offences under Ss. 450, 324, 326, 307 and 448 read with Sec. 34 of IPC and under Sec. 3(1)(x) and (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act'). It is relevant to note that initially, the complaint was not registered for the offence under Sec. 3(1)(x) and (xi) of the Act. However, the same was subsequently added with the intervention of the community people of P.Ws.2, 3 and 4.