CHOWDEGOWDA Y.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the judgment of conviction passed by I Additional District and Special Judge at Mandya in Special Case No.4 of 2015 dated 30.11.2016 for the offence punishable under Sections 323 and 506 of Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the 'Act' for short). Brief facts of the case are as follows:

(2.) It is the case of the prosecution that the complainant, who has been examined as P.W.1 in his complaint in terms of Ex.P1 has lodged the complaint stating that accused was having illicit relationship with his wife and when he came to house after finishing his coolie work at around 6.30 p.m., the accused was inside the house. On seeing the complainant, the accused tried to escape from the house, he held him and enquired him and at that time, the accused, abused him by taking his caste name and also scolded that he is having illicit relationship with his wife. It is also stated in the complaint that the incident is witnessed by P.Ws.2 and 4 and when they came to pacify the galatta, the accused, abused P.Ws.2 and 4 also by taking their caste name. It is also alleged in the complaint that, he gave the mobile conversation that has taken place between his wife and accused to the panchayathdars and arranged for panchayath. The accused did not come to panchayath and hence, the complaint was given against the accused. Based on the complaint, the police have registered the case against the accused for the offence punishable under Sections 323 and 506 of Indian Penal Code and under Section 3(1)(x) of the Act.

(3.) The police, after investigation have filed the charge sheet against the accused. The accused was secured and charges were framed and he did not plead guilty and claims for trial. Hence, the prosecution relied upon the evidence of P.Ws.1 to 9 and also got marked the documents Exs.P1 to P4(a). The statement of accused was also recorded under Section 313 of the Code of Criminal Procedure and thereafter, the Court below heard the arguments of prosecutor and also the defence counsel and considering the material on record, convicted the accused for the offence punishable under Sections 323 and 506 of Indian Penal Code and under Section 3(1)(x) of the Act.