STATE OF KARNATAKA BY HONNAVALLY POLICE Vs. SURESH SINGH AND ANOTHER

JUDGEMENT

(1.) THIS appeal is filed by the State against the judgment and order of acquittal passed by III Additional Sessions Judge, Tumkur in Spl. Case No. 50/2003. The accused/respondents were tried and acquitted for the offences punishable under Sections 143, 148, 448, 427, 326, 323 and 324 and for the offence punishable Under Section 3(1x) of the SC/ST (Prevention of Atrocities) Act read with Section 149 IPC.

(2.) THE case of the prosecution in brief is that at about 9.00 a.m. at Kalkere Village on 22.09.2002, wife of the complainant Renukamma and Kempadevamma wife of Chikkanaika had been to collect water near public tap, the wife of the accused No. 1 namely Kalabai told Renukamma and Kempadevamma that they should come to collect water only after she collecting water and on the said subject there was verbal quarrel between the wife of PW -1 and wife of accused No. 1. At about 10.00 p.m. on 22.9.2002, all the accused formed themselves with an unlawful assembly with a view to take a revenge of morning incident relating to collection of water in a public tap, came near the house of PW -1 abused him in filthy language.

(3.) IN order to prove its case, the prosecution has examined 16 witnesses as PWs 1 to 16 and marked 13 Exhibits as Ex.P1 to P13 and 11 material objects. The Trial Court on evaluation of the material on record and on hearing acquitted the accused.