SANTHOSH Vs. SOMASHEKHAR

JUDGEMENT

(1.) This criminal appeal is filed challenging the judgment and order of acquittal dtd. 30/1/2016 in Special Case (SC/ST) No.76/2014 by the II Addl. Sessions Judge, Gulbarga (herein after referred to as 'Trial Court') for the offences punishable under Ss. 143 and 306 read with Sec. 149 of the Indian Penal Code (IPC) and under Sec. 3(1)(x) and (xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST (PA) Act).

(2.) The factual matrix of the case of the prosecution before the Trial Court is that the complainant- father of deceased had lodged a computerized complaint, which is marked as Exhibit P-18, stating that he has six sons and three daughters. Out of them, seven are married and he resides with his wife and two sons, Sunil and Shivappa. It is also his case that his four sons are residing separately with their families and his daughters are also residing along with their respective husbands.

(3.) The son Chandrakanth (deceased) was eking out his livelihood by running a grocery shop. On 15/4/2014 at about 4:00 p.m., he left on his motorcycle to bring items for his shop, but he did not return. As he used to stay at Sindagi or Gulbarga during the night and return in the morning, the complainant kept quiet initially. It is also his case that his other son, Santosh, made repeated calls to the deceased, but the deceased did not receive the calls. Subsequently, he made calls to all relatives and enquired about the deceased, but he could not be traced.