STATE OF KARNATAKA Vs. MALLESHAPPA

JUDGEMENT

(1.) This appeal is filed by the State challenging the acquittal judgment dtd. 30/9/2014 passed by the Special Judge and II Additional Sessions Judge, Bijapur in S.C.No.90/2008.

(2.) The Trial Court has acquitted the accused for the offences punishable under Ss. 143, 147, 148, 302 and 109 read with Sec. 149 of the Indian Penal Code (hereinafter referred to as 'IPC') and Sec.

(3.) (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Hereinafter referred to as the 'Act, 1989' for short). 3. The complaint filed by one Siddanna s/o Hanamanth Hosamani reads as under:- The complainant's father - Hanamanth has six male issues viz., 01) Malleshi 02) Siddanna (victim), 03) Basappa (complainant), 4) Sanganna, 5) Mallikarjun, 6) Sharanappa. It is stated that there was hatred between the family of the complainant and the family of Malleshappa Gurubasappa Majjagi and Basavantraya Ravutappa Mannapur, on account of some political revelry. It is further stated that the above said Malleshappa Gurubasappa Majjagi and Basavantraya Ravutappa Mannapur had assaulted the complainant and his family members. In this regard, several complaints have been lodged at Sindagi Police Station. It is further alleged that before 2004 a complaint was lodged against Malleshappa Majjagi's brothers and his children. For these reasons, said the family had developed hatred towards the complainant and his family members. It is further stated that twenty days before the complaint, Malleshappa Gurubasappa Majjagi, Basavantraya Ravutappa Mannapur, Bhagavantraya Gurubasappa Majjagi, Bhimashankar Malleshappa Majjagi, Nagappa Malleshappa Majjagi, Chandrakant Gurubasappa Majjagi, Basanna Gurubasappa Majjagi and Prakash Malleshappa Majjagi along with 6 to 7 other persons had attempted to kill the complainant's brother viz., Siddanna with deadly weapons. It is further alleged that they had abused the complainant and his family members by taking reference to the caste of the complainant. It is further stated that the complaint was lodged against the aforementioned persons under Sec. 307 of IPC. It is further stated that Shrisail Gurubasappa Majjagi, Siddanna Sharanappa Bantnur, Malleshappa Majjagi, Basavantraya R. Mannapur and eight persons named above used to threaten the brother of the complainant viz., Siddanna by stating that they will assassinate him. It is further stated that the complainant had been to Sindagi Court on 26/9/2008 along with Bhimaraya to seek bail in connection with he case levelled against them. Since the file was not put up on that day, they were asked to come to Court on the next date. It is further stated that when the complainant was moving around in Sindagi Bazar, said Malleshappa Gurubasappa Majjagi and seven others were following them and staring at them. When the complainant came to Golgeri Naka to board the Bus to return to his native place, the aforementioned persons were said to have followed the complainant. It is further stated that the complainant and Bhimaraya boarded the Jeep and Siddanna told the complainant that he would come on a motorbike. The complainant stated that they will proceed in the Jeep to his native place. It s further alleged that around 06.00 p.m. the son-in-law of the complainant viz., Devindra informed the complainant that the complainant's brother is killed at SindagiGolgeri road near Mannapur village. The complainant states that he went to the spot along with his son-in-law - Bhimaraya, Mareppa Hosamani, Siddappa Dundappa Harijan, and Somaning Kakkalameli, Basavantraya Jalwadi and others. It is stated that when they reached Mannapur village at around 06.30 p.m. the dead body was still on the road with injuries on the head, face and abrasion over the body. The complaint reveals that the Jeep ran over the dead body. The complaint further reveals that the complainant made an enquiry with the people around and they told the complainant that the aforementioned accused followed the complainant's brother on the motorbike and dashed against the rear side of the motorbike and when the complainant's brother fell, they assaulted the victim with rod and later they ran the Jeep over the body of the complainant's brother. It is also stated that the driver of the Bus - Devanand Chandram Dodamani and the passengers of the TomTom vehicle have seen the incident. It is further stated that the complainant belongs to the scheduled caste and the accused belong to the Lingayat community. The aforementioned 08 persons and Shrishail Gurubasappa Majjagi, Siddanna Sharanappa Bantnur, Ramesh Malleshappa Majjagi, Appanna Somaningappa Majjagi, Keshuray Chandramappa Mannapur, Shivaraj Sidramappa Biradar, are named as accused in the complaint.