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2020 Supreme(Kar) 788
IN THE HIGH COURT OF KARNATAKA AT BENGALURU (DHARWAD BENCH)
Shivashankar Amarannavar, J.
Shankar Ramappa Desai - Appellant
Versus
State Of Karnataka - Respondent
Criminal Appeal No. 2544 of 2012
Decided On : 02-07-2020
A.G. Mulawadmath, Advocate, Ramesh B Chigari, Advocate
The central legal point established in the judgment is the requirement for reliable and consistent evidence to support serious allegations, especially in cases involving caste-based offenses.
Headnote:
Conviction - Offences under IPC and SC and ST(POA) Act, 1989 - Sections 323, 355, 504 r/w 34 of IPC and Section 3(1)(x) of the SC and ST(POA) Act, 1989
Fact of the Case:
The appellant-accused were convicted for assaulting the victims belonging to the Scheduled Caste, leading to injuries. The prosecution alleged that the accused abused and assaulted the victims based on their caste.
Finding of the Court:
The court found that there were material contradictions in the evidence of witnesses, including the victims and eyewitnesses. The court noted that the timing of the complaint and the history provided by the victims to the doctor raised doubts about the prosecution's case. The court concluded that there was a lack of reliable evidence to support the conviction of the accused.
Issues: The issues revolved around the reliability of the evidence, contradictions in witness testimonies, and the timing of the complaint.
Ratio Decidendi: The court emphasized the importance of reliable and consistent evidence in cases involving serious allegations. It highlighted the need for corroborated testimony and the impact of material contradictions on the prosecution's case.
Final Decision: The appeal was allowed, and the conviction and sentence were set aside. The appellant-accused were acquitted of all charges, and their bail bonds were cancelled.
JUDGMENT
Shivashankar Amarannavar, J. - This appeal is filed challenging the Judgment of conviction and Order of sentence passed in Spl. Case No.63/2011 dated 25.11.2011 passed by Special (III Addl. Sessions) Judge, Belgaum wherein the appellant-accused Nos.1 to 4 were convicted for the offence punishable under Sections 323, 355, 504 r/w 34 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989.
2. The appellant-accused Nos.1 to 4 each were sentenced to pay fine of Rs.1,000/-, in default, simple imprisonment for one months for the offence under Section 323 r/w Section 34 of IPC. The appellant-accused Nos.1 to 4 are sentenced to undergo rigorous imprisonment of six months with fine of Rs.1,000/- each for the offence punishable under section 3(1)(x) of the SC and ST(POA) Act, 1989 and in default to pay the fine amount, the accused Nos.1 to 4 each shall further undergo simple imprisonment for one month each.
3. The accused were not sentenced separately for the offence punishable under Section 355 of IPC and 504 of IPC by taking aid of Section 71 of IPC as offence under Section 355 is covered under Section 323 of IPC and offence under Section 504 of IPC is covered under Section 3(1)(x) of SC and ST(POA) Act, 1989.
4. The factual matrix of the prosecution case is that PW.1 and PW.4 are husband and wife. PW.3-Uttam is son of Basappa Ganeshgol elder brother of PW.1 and they were residing in the Ammanagi village and they belong to Hindu Holer caste coming under Scheduled Caste.
5. On 18.03.2011, there was a Annual Gathering at Kannada School of Ammanagi village for which PW.1-Kempanna Mahadev Ganeshgol and PW.3-Uttam Basappa have attended the same and PW.1 returned to the house in between and PW.3 remained in the said gathering. At about 8.45 p.m., PW.3 Uttam Basappa Ganeshgol returned to the house and informed PW.1 that one Uday Shankar Desai quarreled with him and assaulted him in the said gathering and therefore he came back to the house.
6. In the meanwhile accused Nos.1 to 4 came to the house of PW.1 situated at Hari jan Keri of Ammanagi Village and called PW.3-Uttam out of the house stating that "a Holeya Sule Magane Horage ba" and at that time PW.1- Kempanna Mahadev Ganeshgol and PW.4 Rekha W/o Kempanna Ganeshgol came out of the house along with PW.3-Uttam. The accused Nos.1 to 4 started assaulting PW.3-Uttam and accused No.1 assaulted PW.3-Uttam with chappals. The said accused No.1 also assaulted PW.1-Kempanna and PW.4-Rekha, while they trying to rescue PW.3-Uttam. Accused No.1 abused him as " nee en helathi holeya suli magane" and caused injuries on the nose of PW.1-Kempanna by fisting with hands and other accused persons also caused injuries on the face and back of PW.4-Smt.Rekha and at that time PWs.5 to 8 pacified the quarrel. PWs.1, 3 and 4 sustained injuries and they were sent to Government Hospital, Sankeshwar in 108 Ambulance on the very same day.
7. At about 00.15 Hours on 19.03.2011 PW.1-Kempanna went to Sankeshwara Police Station and fi led Ex.P.1-complaint and case came to be registered in Crime No.63/2011 for the offence punishable under Sections 147, 323, 355 and 504 r/w 149 of IPC and Section 3(1)(x) and (xi) of the SC and ST(POA) Act, 1989 and accused Nos.1 to 4 were shown as accused Nos.2 to 5 in the FIR and the name of one Udaya Shankar Desai as accused No.1 in the FIR. Dy.SP, Gokak took up further investigation and filed charge sheet before Special Court against the accused Nos.2 to 5 shown in the FIR who are accused Nos.1 to 4 herein for the offence punishable under Sections 323, 355, 504 r/w 34 of the IPC and also under Sections 3(1)(x) of the SC and ST(POA) Act, 1989.
8. The Special Court framed the charge for the offence punishable under Section 323, 355, 504 r/w 34 of IPC and Section 3(1)(x) of SC and ST (POA) Act, 1989.
9. The prosecution has examined 14 witnesses as PWs.1 to 14 and got marked documents as per Ex.P.1 to P.11 and also Material Object N
