STATE OF KARNATAKA Vs. NARAYANASWMAY ABBAYYAPPA

JUDGEMENT

(1.) Heard the learned Government Pleader.

(2.) The State is in appeal questioning the acquittal of the accused. It is stated that on 22/12/2012 at about 8.30 p.m. in Indumangala Village, Malur Taluk, when the complainant and her husband were discussing and talking amongst themselves near Yallamma Temple, accused Narayanaswamy is said to have come there and picked up a quarrel and demanded to know what they were discussing about and that he had heard them discussing about panchayat matters and they had no business to discuss as the matters had immediately punched the complainant's husband on the face and at that time when the complainant questioned him, he tried to throttle her neck. The accused was said to be member of a community other than Scheduled Caste and Scheduled Tribe and therefore he had insulted them by abusing them in foul language in a manner ,derogatory to their caste in public view and since the complainant and her husband belong to a Scheduled Caste, a case was registered on the basis of the above allegations and further proceedings had ensued.

(3.) Having pleaded not guilty and having came to be tried, prosecution tendered evidence of seven witnesses and marked several exhibits. The court below had framed the following points for consideration and answered the same in the negative: