SIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed against the judgment of conviction and order on sentence dtd. 6/6/2016 passed in Spl.C. No.47/2013 by the learned II Additional District and Sessions Judge, Bagalkot, convicting the appellants/accused Nos.1 to 16 for the offences under Ss. 143, 147, 148, 323, 324, 354, 451, 504 and 506 read with Sec. 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Sec. 3(1)(x) and (xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC and ST Act', for brevity). The appellants/accused Nos.1 to 16 are sentenced to undergo imprisonment for three months and to pay fine of Rs.500.00 each for the offence punishable under Sec. 143 of IPC, to undergo six months and to pay fine of Rs.500.00 each for the offences punishable under Ss. 147, 148, 504 and 323 read with Sec. 149 of IPC and Sec. 3(1)(x) read with Sec. 149 of IPC and 3(1)(xi) of the SC & ST Act read with Sec. 149 of IPC. The appellants were also sentenced to undergo imprisonment for one year and to pay fine of Rs.500.00 each for the offences punishable under Ss. 324 read with Sec. 149 of IPC, Sec. 354 read with Sec. 149 of IPC, Sec. 451 read with Sec. 149 of IPC and Sec. 504 read with Sec. 149 of IPC. The trial Court has ordered to run all the sentences concurrently.

(2.) The factual matrix of the case is that, PW.1-Renuka, wife of Sri.Kambappa Chalawadi belongs to Hindu Holeyar caste and a resident of Bevur in Bagalkot taluk. When she along with her son-Vijaykumar(PW.4) were in the house, on 8/5/2013 at about 3:00pm, all the accused belonging to Kuruba community came to their house holding clubs, sticks, stones, abused her touching her caste and accused caught hold of her saree forcefully and accused No.1 forcefully snatched away her mangala-sutra. When her son-PW.4-Vijaykumar came questioning them as to why they are beating his mother, at that time, accused No.4- Mallappa bet her son with a club and also scolded him touching his caste and asked him where his father was and they will finish him. At that time, PW.2-Pundalikappa Basappa Chalawadi came to pacify the quarrel, accused No.6-Pandappa abused him touching his caste. Accused No.9-Yallappa Shirur assaulted him with stone. All the accused entered the house in which the complainant resides and abused her touching her caste threatening to kill her husband on the ground that they did not vote the candidate whom the accused had proposed in the Legislative Assembly Election. All the accused ransacked into the house of the complainant and at that time, accused No.10-Balappa assaulted the complainant over her chest by stone and accused No.6-Pandappa Shirur assaulted her over her chest with club and caused internal injury to her. Accused No.3- Sanganagouda assaulted on the hand of her relative- Rudravva-PW.3 with a spade which he was holding and accused No.13-Gyanappa tore the shirt of PW.4- Vijaykumar and abused touching his caste. In order to set ablaze the complainant, accused No.4- Mallappa was holding kerosene can. The said complaint-ExP.1 is registered by Bagalkot Rural Police Station Crime No.111/2013 against all the 16 accused persons for the offences punishable under Ss. 143, 147, 148, 323, 324, 354, 442, 452, 504, 506 and 511 read with Sec. 149 of IPC and Sec. 3(1)(x) and (xi) of ST and ST Act. The Investigating Officer after completing the investigation filed charge sheet. Charges were framed against the appellants/accused Nos.1 to 16 for the offences referred to above and they denied the charges leveled against them. The prosecution examined 12 witnesses as PWs.1 to 12 and got marked Exs.P.1 to P.10 and material objects were marked as M.Os.1 to 5. The statement of the accused under Sec. 313 of Cr.P.C. was recorded. After hearing the arguments on both sides, the trial Court framed the points for consideration and convicted the appellants for the offences charged against them. The said judgment of conviction and order on sentence has been challenged by the appellants/accused Nos.1 to 16 raising several grounds

(3.) Heard the arguments of the learned counsel appearing for the appellants and the learned High Court Government Pleader for the respondent- State.