Mohan M. Shantanagoudar, J.

1. The judgment and order dated 2nd April, 2011 passed by the Sessions Court, Chamarajanagar in Special Case No. 108 of 2009 is called in question in these appeals.

2. By the impugned judgment, the Trial Court convicted accused 1 to 7 for the offences punishable under Sections 143, 323 and 325 read with Section 149 of Indian Penal Code, 1860. However, all the accused are acquitted in respect of other offences viz. Sections 341, 326 and 506 all read with Section 149 of IPC and Section 3(l)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 149 of IPC.

3. Criminal Appeal No. 902 of 2011 is filed by the State seeking an order of conviction against all the accused in respect of the offences for which the accused are acquitted. Criminal Appeal No. 445 of 2011 is filed by the convicted accused seeking for an order of acquittal.

4. The case of the prosecution in brief is that as accused 1 to 3 and their companions used to tease the girls residing in the lane in which the accused were living; P.Ws. 1 to 3 are from scheduled caste whereas accused are from Lingayat Community; the grievance of the accused is that P.Ws. 1 to 3 did not mend their conduct though they were repeatedly told to do so; however, they continued to tease the girls of Lingayath Community; the accused with the common object way laid P.Ws. 1 to 3 at about 7.30 p.m. on 14-8-2008 in front of a shop of Basavanna; all the accused abused P.Ws. 1 to 3 in filthy language taking the name of their caste; all the accused assaulted P.Ws. 1 to 3 with clubs and stones, consequent upon which, P.W. 1 sustained fracture of left ulna and P.Ws. 2 and 3 sustained simple injuries; immediately after the incident all the three injured were admitted to the hospital for treatment; P.W. 7 (Dr. Purushotham) treated P.Ws. 1 to 3 and issued the wound certificates as per Exs. P. 6 to P. 8 respectively.

5. A complaint came to be lodged by P.W. 1 as per Ex. P. 1 at about 00.30 hours intervening night between 14-8-2008 and 15-8-2008 in Kollegal Government Hospital before the Sub-Inspector of Police (P.W. 13), which came to be registered in Crime No. 165 of 2008 of Kollegal Rural Police Station; P.W. 12-the Deputy Superintendent of Police completed the investigation and laid the charge-sheet against all the accused for the offences for which they are charged.

6. In order to prove its case, the prosecution in all examined 13 witnesses, 16 exhibits and 3 material objects. On behalf of the defence, no witness is examined. As aforementioned, the Trial Court convicted the accused for the offences punishable under Sections 143, 323 and 325 all read with Section 149 of IPC and acquitted them in respect of other offences for which they were charged.

7. Sri P.M. Nawaz, learned State Public Prosecutor, taking us through the entire material on record submits that the Trial Court was not justified in acquitting the accused for the offences punishable under Section 326 of IPC, inasmuch as the clubs and stones were used for commission of offences and that injured have sustained grievous injuries; the Trial Court ought to have convicted the accused for the offence punishable under Section 3(l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 149 of IPC; the reasons assigned and conclusion arrived at are not proper and incorrect; the Trial Court has recorded a finding that the evidence of P.Ws. 1 to 3 clearly make out a case against all the accused for the offences for which they were charged.

8. Sri Nataraju, learned Advocate appearing on behalf of the accused per contra contended that there is no satisfactory material before us to show as to when the complaint was lodged; the case as made out by the prosecution before the Court appears to be artificial and concocted; the complaint came to be lodged after due deliberation; the incident has taken place on the spur of the moment and wi