STATE OF KARNATAKA Vs. NAGAPPA

JUDGEMENT

(1.) These revision petitions are disposed of by this common order since the question of law involved in all of them is the same. The original order shall be kept in the record and proceedings in Criminal Revision Petition No. 114 of 1993, whereas a copy thereof shall be retained in each of the record and proceedings in Criminal Revision Petitions Nos. 586, 587 and 588 of 1994. Facts in Cr.R.P. No. 114 of 1993

(2.) This Criminal Revision Petition is directed against the order dated 23-12-1992 made by the learned Presiding Officer, Special Court, Raichur ("the learned trial Judge" for short), in Special Atrocities C.C. No. 11 of 1991. Under the order impugned, the learned trial Judge has held that the only offence he could try under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("the Act" for short), would be the one punishable under Sections 3(l)(xii) and 3(2)(v) of the Act. In that view of the matter, he has altered the Charges framed against the respondent both under Sections 312, 376 read with Section 511 of the Indian Penal Code and under Sections 3(1)(xii) and 3(2)(v) of the Act by omitting the Charges framed for the offences punishable under Sections, 312 and 376 read with Section 511 of the Indian Penal Code and retaining the Charges framed under the Act as indicated earlier.

(3.) The State of Karnataka, feeling aggrieved by the order, has presented this Criminal Revision Petition.