RAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the accused against their conviction and sentence dated 2nd June 2010 passed by the Special (Sessions Judge) Court, Bagalkot in Special Case No.86 of 2009 wherein the accused are convicted for the offences punishable under Sections 143, 147, 323, 355 and 504 read with Section 149 of the Indian Penal Code (hereinafter referred to as the IPC ) and under Section 3(i)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as the SC and ST Act, for brevity).

(2.) Brief facts of the case are that on 23.06.2009 when the complainant was in the market place of Karadi village, one Kariyamma and one Shivappa Chalavadi were quarreling with each other. When the complainant tried to pacify the quarrel, at that time, the accused persons questioned him as to why he pacified the quarrel and abused the complainant with filthy language by touching his caste. They assaulted and threatened to kill him. It is alleged that the accused knew that the complainant belonged to scheduled caste. They formed an unlawful assembly with a common object and abused him touching his caste and caused intentional insult to him. They assaulted him with dangerous weapon and caused injury to him. They also used criminal force on him and committed rioting. Therefore, he filed a complaint before the jurisdictional police. A case was registered against the accused for the offences punishable under Sections 143, 147, 148, 323, 324, 355, 504 and 506 read with Section 149 IPC and under Section 3(1)(x) of SC and ST Act. After completing investigation, charge sheet was filed against the accused for the aforesaid offences.

(3.) The Special Judge held trial of the case and convicted the accused for the offences punishable under Sections 143, 147, 323, 355 and 504 read with Section 149 of IPC and under Section 3(i)(x) of the SC and ST Act which reads as follows: