RAJU KESAR SINGH RAJPUT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal filed by the accused persons against the judgment of conviction and sentence passed by the learned Special III Additional Sessions Judge, Belgaum, dated 17.09.2010, in Special Case.No.35/2010 for the offences punishable under Sections 323, 353, 504, 506 read with Section 34 of Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as 'the SC & ST Act' for short).

(2.) Briefly stated the facts of the prosecution case are that, the complainant was working as Sanitary Supervisor in Athani Municipality. On 10.12.2009 at about 9.45 a.m., while he was on duty of supervising the cleaning work in the Market area. He received a message from Municipal helpline from PW.7-Shri Somaling MOdeyar. He informed him that, the accused appellants had asked him to remove the garbage fallen in-front of their shop. PW.1 went near the shop of accused and found that, the garbage was of building stones, mud and sand not a garbage to be cleaned by Municipality. Therefore the complainant - PW.1 asked the accused appellants to remove the said stones and other materials as the municipality will not take away the same. But the accused insisted the complainant to remove the same. At that time, the appellants dragged the complainant from his motor cycle and abused him in filthy language by abusing "Bhosadi Makkaliry Municpality awarige estu sokka Bandiruttade Holya Sooli Magane". Accused No.1 slapped the complainant on his left cheek and chest and accused No.2 assaulted on his stomach and gave threat of his life. PW.1 who is a member of Scheduled Caste. Therefore, the complainant filed a complaint before the jurisdictional Police, alleging assault, caste abuse and threat to his life.

(3.) The concerned Police registered the case in Crime No.477/2009 against the accused for the offences punishable under Sections 323, 353, 504, 506 read with Section 34 of IPC and Sections 3(1)(x) of the SC & ST Act.