RAJA @ RAJAM @ PALARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appeal is directed against the judgment passed by the learned VI Additional District and Sessions Judge, Mysuru, in Special Case No.116 of 2008, dated 31-3-2010, wherein the accused therein was found guilty and convicted by the learned trial Judge for the offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short , 'the Act') and also under Sections 326 and 307 of the Indian Penal Code.

(2.) The accused was sentenced to undergo simple imprisonment for one year and pay a fine of Rupees two thousand, in default, to undergo simple imprisonment for three months for the offences punishable under Section 3(1)(x) of the Act. He is also sentenced to undergo simple imprisonment for two years and pay a fine of Rupees three thousand, in default, to undergo simple imprisonment for six months for the offence punishable under Section 326 of the Indian Penal Code. Further, he was also sentenced to undergo simple imprisonment for two years and pay a fine of Rupees three thousand, in default, to undergo simple imprisonment for six months for the offence punishable under Section 307 of the Indian Penal Code and ordered that both the sentence of imprisonment shall run concurrently.

(3.) The complaint is lodged by a member of a schedule caste community one T.V. Paramesha. He has stated that he is resident of Padukote Kaval, H.D. Kote Taluk. On 18-8-2018, at 4:30 p.m., when the complainant, being a B.P.L. card holder, had gone to Fair Price Depot of Sri R.P. Umesh to buy kerosene, at that time, when complainant was asking Sri R.P. Umesh to supply more kerosene to him as he has not received kerosene for last two months, meanwhile, the accused, who was present there, with aggression, abused the complainant in filthy language taking his caste name 'vadda sulemagane' and took out a chopper that was available with him and hit the complainant on his head and threatened him that he is going to murder the complainant. One Mr.M.D. Prakash, who was present there, stopped galata and consoled both. As the complainant was bleeding, he was taken to the Hospital. A criminal case came to be registered for the offences punishable under Section 3(1)(x) of the Act and also under Sections 324 and 506 of the Indian Penal Code. Thereafter, final report was submitted for the offences punishable under Sections 324 and 307 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (POA) Act.