SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellants/accused Nos. 1 to 4 & 6 being aggrieved by the judgment of conviction passed in Special Case No. 263/2010, by II Addl. District & Sessions Judge Gulbarga, by its judgment and order, dated: 30-06- 2011.

(2.) The brief facts of the case of the prosecution as per the complaint are that, one Kashinath r/o Burnal village was doing mason work and was belonging to scheduled caste. Except accused No. 6 all other accused were not belonging to the caste of the complainant. Complainant worked as a mason to construct a katta in the Masjid for a sum of Rs.200.00 as a coolie, they paid Rs.100.00 for having worked for construction of the katta. Still an amount of Rs.100.00 was due from the accused persons towards the said construction. In that light, on 28-02-2010, when the complainant went to bring tobacco to the shop of Manjunath, all the accused persons were also present near the shop, complainant asked accused No. 1 Shivakumar to give Rs.100.00 as there is due from them, Shivakumar pleaded his ignorance about the payment of Rs.100.00 to the complainant. Immediately Usman Patel accused No. 2 abused the complainant by taking his name of caste and assaulted the complainant with Koita on his left hand, leg, left buttock, right thigh and caused bleeding injuries, accused No. 3 Babu Patel has kicked the complainant on trunk and caused injuries, accused No. 5 Jameer Patel assaulted with fist on the back of the complainant, accused No. 6 Mareppa abused the complainant and assaulted with the hands on the stomach of the complainant, accused No. 1 abused and slapped the complainant. Immediately Shivasharanappa and mother of the complainant came and rescued the complainant. After the incident, complainant was taken to Kamalapur Hospital in an ambulance by his mother. Subsequently as the doctor was not there, he was shifted to Government Hospital Gulbarga, subsequently on 03-03-2010 the brother of the complainant came and visited him and thereafter statement was given by the injured/complainant and on the basis of the said statement a case was registered in Crime No. 27/2010 against the accused persons and after the investigation the charge sheet came to be filed.

(3.) After filing of the charge sheet, the learned Sessions Judge, who is the trial Judge of such offences secured the presence of the accused, after complying the requirements of Sections 208 & 209, after hearing the accused the charge was framed, since the accused pleaded not guilty and claimed to be tried, the trial was conducted.