MANJA NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the appellant-complainant in criminal appeal and learned Additional SPP for petitioner-State in criminal revision petition and learned counsel for respondent Nos.1 and 2-accused.

(2.) The Criminal Appeal No.1739/2023 is filed by appellant-complainant and Criminal Revision Petition No.1458/2022 is filed by the petitioner-State to set aside the order dtd. 4/6/2022 in Spl.C.(SC/ST) No.24/2020 allowing the application filed under Sec. 227 Cr.P.C. in part, discharging accused Nos.1 and 2 for the offence under Sec. 506 and Sec. 3(1)(w)(i)(ii) of SC/ST (POA) Act.

(3.) The factual matrix of the case of the complainant before the Trial Court by lodging the complainant before the police is that on 8/5/2020 at about 9.00 a.m., when the complainant, his aunt Rathna Bai and his uncle Sajyanaik were working in the land, respondent Nos.2 and 3, Jagadish Kumar and Vinay Kumar came in the Bolero Jeep bearing registration No.KA-16-M-5088 and abused the complainant in filthy language by taking name of the caste as Sukali and Lambani. It is further alleged in the complaint that, Civil Court has passed decree in their favour, at that time, the respondent Nos.2 and 3 abused and said that, no Court can do anything to them. When Rathnai Bai and Poryanaik came for rescuing the complainant, at that time, respondent No.3 dragged Rathnabai by holding her clothes and respondent No.2 with an intention to do away the life has run over the Bolero Jeep on Poryanaik, due to hit by Bolero Jeep, Poryanaik sustained injuries and he was shifted to the hospital. The respondent Nos.2 and 3 threatened to do away their life and went back.