LAWS(KAR)-1996-11-22

STATE OF KARNATAKA Vs. N K SHANTHAPPA

Decided On November 26, 1996
STATE OF KARNATAKA Appellant
V/S
N.K.SHANTHAPPA Respondents

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 5-8-1991 in C.C. No. 725/1988 passed by the learned Judicial Magistrate First Class, Somwarpet acquitting the accused of the offences punishable under Section 7(1)(d) of the Protection of Civil Rights Act and under Section 323, IPC.

(2.) I heard the learned High Court Government Pleader Mr. B. H. Satish appearing for the appellant-State and the learned counsel Sri L. S. Chikkannagoudar appearing for the respondent/accused. I also perused the records.

(3.) The brief facts of the case are : That on 8-5-1988 at about 9.30 p.m. near Rama Mandira of Sulugalale village, the respondent- accused abused and insulted P.Ws. 1 and 2 by referring to their caste. At that point of time P.Ws. 1 and 2 along with others were holding a meeting regarding encroachment of land of Sulugalale village. That P.Ws. 1 and 2 had sent words to the respondent/accused to attend the meeting and the meeting in question was confined for the purpose of errecting 'Rama Mandira'. That the Respondent/Accused not only abused P.W. 1 and P.W. 2 but also poked the chin of P.W. 1 by a torch which he was having at that point of time. That P.W. 1 could not lodge a complaint well in time and lodged complaint on the next day morning before the jurisdictional police at Somwarpet Police Station. The complaint is at Ex.P. 1, on the basis of which the police registered a case against Respondent/Accused for offences under Section 7(1)(d) of the Protection of Civil Rights Act (hereinafter called as P.C.R. Act) and also under Section 323, I.P.C. in Cr. No. 61/88 and after investigation the police had also filed charge sheet as against the Respondent/Accused.