STATE OF KARNATAKA Vs. ANKUSH

JUDGEMENT

(1.) The judgment and order of acquittal dated 05.10.2010 passed by the II Addl. Sessions Judge, Gulbarga, in S.C. No.123/2009 has been called in question by the State in this appeal. By the impugned judgment and order, the trial Court acquitted the respondents-accused Nos. 1 to 22 of the alleged offences punishable under Sections 143, 147, 148, 295, 153(A) read with Sec. 149 of Penal Code and Sec. 2 of Prevention of Destruction and Loss of Property Act and Sec. 3(1)(x) of Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

(2.) Being aggrieved by the judgment and order of acquittal, the State has come up in appeal challenging the validity and correctness of the said judgment and order on the grounds mentioned in the appeal memorandum.

(3.) Brief facts of the prosecution case as per the complaint averments that P.W.1-Rajendra filed the complaint, which is marked as Ex.P-1, before the Aland Police Station, stating that the bus stand of their village is nearby the Margamma Temple and nearby the said Margamma Temple they got constructed at Dr. Babasaheb Ambedkar chowk on 20.12. 2008. It is further alleged that on 02.01.2009 in the midnight i.e., at 00.30 a.m., accused Nos. 1 to 23 as mentioned in the complaint, were at the spot holding axe, crowbar and spade and they came there to destroy the Dr. Ambedkar Katta constructed in the said chowk. At that time, complainant and Dileep (P.W.2), Jaibheem (P.W.7) and Bahurao (P.W.3) have seen all the accused persons in the street light and they told the accused persons that it is not proper to destroy Dr.Ambedkar Katta, for which the accused persons abused them in filthy language by taking the name of their caste as (VERNACULAR MATTER) and they threatened the complainant and others, who were present at the spot, and with an intention to create communal disharmony, they started to destroy Dr.Ambedkar Katta. Therefore, they sustained the loss of Dr. Ambedkar Katta, hence, legal action may be taken against all the accused persons. On the basis of the said complaint, case has been registered by P.W.8-Satyanarayan, in their Police Station in Crime No. 2/2009 and issued the FIR, which is marked as Ex.P-6.