JUDGMENT :

This is an appeal filed by the accused persons against the judgment of conviction and sentence passed by the learned Special III Additional Sessions Judge, Belgaum, dated 17.09.2010, in Special Case.No.35/2010 for the offences punishable under Sections 323, 353, 504, 506 read with Section 34 of Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as ‘the SC & ST Act’ for short).

2. Briefly stated the facts of the prosecution case are that, the complainant was working as Sanitary Supervisor in Athani Municipality. On 10.12.2009 at about 9.45 a.m., while he was on duty of supervising the cleaning work in the Market area. He received a message from Municipality helpline from PW.7-Shri Somaling M Odeyar. He informed him that, the accused – appellants had asked him to remove the garbage fallen in-front of their shop. PW.1 went near the shop of accused and found that, the garbage was of building stones, mud and sand not a garbage to be cleaned by Municipality. Therefore the complainant -PW.1 asked the accused – appellants to remove the said stones and other materials as the municipality will not take away the same. But the accused insisted the complainant to remove the same. At that time, the appellants dragged the complainant from his motor cycle and abused him in filthy language by abusing “Bhosadi Makkaliry Municpality awarige estu sokka Bandiruttade Holya Sooli Magane”. Accused No.1 slapped the complainant on his left cheek and chest and accused No.2 assaulted on his stomach and gave threat of his life. PW.1 who is a member of Scheduled Caste. Therefore, the complainant filed a complaint before the jurisdictional Police, alleging assault, caste abuse and threat to his life.

3. The concerned Police registered the case in Crime No.477/2009 against the accused for the offences punishable under Sections 323, 353, 504, 506 read with Section 34 of IPC and Sections 3(1)(x) of the SC & ST Act.

4. The Deputy Superintendent of Police, Chikodi, Sub-Division, took up the further investigation of the case. On 11.12.2010. The Investigating Officer visited the scene of offence and conducted the spot panchanama in the presence of panchas. A rough-sketch was drawn. On the same day recorded the statements of the witnesses. Accused No.2 was arrested and produced before the jurisdictional Court and he was remanded to judicial custody. After completing the investigation, the Investigating Officer had filed charge sheet against the accused.

5. After filing the charge sheet, the cognizance of the alleged offences was taken by the Special III Additional Sessions Judge, Belgaum and the case was registered as Special Case No.35/2010.

6. Learned Special III Additional Sessions Judge, found the accused guilty of the offences punishable under sections 323, 353, 504, 506 read with Section 34 of IPC and Sections 3(1)(x) of the SC & ST Act. Consequently, the impugned judgment of conviction and sentence was passed. Accused were sentenced to suffer simple imprisonment of six months with fine for each of the offences punishable under Sections 323, 353, 504 and 506 read with Section 34 of the Indian Penal Code. The accused were also sentenced to undergo simple imprisonment for six months with fine for the offence punishable under Section 3(1)(x) of the SC & ST Act. The said judgment of conviction and sentence has been challenged by the appellants – accused before this Court, on the following grounds :

a) The judgment of the Trial Court is contrary to law, evidence, facts and material available on record. The trial Court has not properly appreciated the relevant facts of the case or evidence on record. There is no evidence to show that PW.1 was on official work on the date of incident. There is no evidence to show that he was restrained from discharging his duty. The complainant himself was avoiding to discharge his official work and forcing the accused – appellants to