HANUMANTHAPPA AND ANOTHER Vs. STATE BY DAVANAGERE RURAL POLICE

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 2.7.2004, passed by the District and Sessions Judge, Davanagere in Spl. SC/ST Case No. 59/2000 convicting the accused for the offences punishable under Sections 147, 323, 325 and 508 IPC read with Section 149 IPC and for the offences punishable under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing them to pay a fine of Rs. 500/ - each for the offence under Section 147 IPC read with Section 149 IPC, further sentencing them to pay a fine of Rs. 300/ - each for the offence punishable under Section 323 IPC read with Section 149 IPC, further sentencing them to undergo R.I. for 6 months and to pay fine of Rs. 1,000/ - each for the offence punishable tinder Section 325 IPC read with Section 149 IPC and further sentencing them to pay a fine of Rs. 1,000/ - each for the offence punishable under Section 506 IPC read with Section 149 IPC, further sentencing them to undergo R.I. for 6 months and to pay a fine of Rs. 500/ - each for the offence punishable Section 3(1)(x) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) THE case of the prosecution is that on 3.8.1.996 at about 5 p.m., near the vacant site of one Kumarappa situated at Janatha Colony at Kogganur village, the accused forming themselves into an unlawful assembly with a common object, of hurting C.W. 1 Kumarappa committed rioting thereby, they are charged for having committed an offence punishable under Section 147 IPC. It is further charged against them that on the above said place, date and time in furtherance of the common object, knowing fully well that C.Ws. 1 and 2 belong to scheduled caste community abused them by taking the name of their caste within the public view thereby, they are alleged to have committed an offence punishable under Section 3(1)(x) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 read with Section 149 IPC. It Is further charged against them that on the aforesaid date, place and time, the accused Nos. I to 3 voluntarily caused hurt to C.W. 1 Kumarappa thereby, they are alleged to have committed an offence punishable under Section 323 IPC read with Section 149 IPC. It is further charged against the accused that on the aforesaid date, place and time, the accused have assaulted C.W. 2 Anjinappa and caused grievous injury to him, thereby, they are alleged to be guilty of an offence punishable under Section 325 IPC read with 149 IPC, It is further charged against them that on the aforesaid date, place and time, they have committed offence of criminal intimidation by threatening C.Ws. 1 and 2 to finish them of, thereby, they are alleged to have committed offence under Section 506 IPC read with Section 149 IPC.

(3.) THE defence of the accused was one of total denial. However, after hearing the prosecution and the defence the learned Sessions Judge was pleased to convict, and sentenced them as mentioned above. The convicted accused have filed this appeal.