JUDGMENT :

Challenging the judgment dated 05.12.2011 passed by the Spl. Judge Ballari in Spl. Case No.15/2011 acquitting accused for the offences punishable under Sections 143, 147, 148, 323, 324, 355, 448, 504 read with Section 149 of Indian Penal Code (for short “the IPC”) and Sections 3(1)(x) and (xi) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (“SC/ST Act” for short) acquitting the accused, the State is in appeal.

2. The brief facts leading to this appeal is that a complaint was filed by Smt. Chandramma W/o. Dodda Basappa on 19.02.2011 at 2:00 p.m. stating that when she was sitting with her husband Dodda Basappa worrying about her daughter Sharada aged 21 years, who was taken by Gopal somewhere, at about 9:00 p.m. on 18.02.2011, her neighbours who were relatives of Gopal namely i) Iramma W/o. Devendra ii) Lakshmi W/o Gopal, iii) Suresh S/o. Devendra, iv) Mahesh S/o. Devendra and v) another daughter of Devendra (name not known), formed an unlawful assembly with common intention of dishonouring complainant, trespassed into her house and abused her in filthy language referring to her caste. Her husband was beaten by Suresh and Mahesh with sticks and slippers while Iramma, Lakshmi and Devendrappa’s daughter pushed the complainant down and thereafter assaulted her with hands and slippers thereby insulting her. On listening to her cries, neighbours Dodda nandi and others came and stopped the assault. When she and her husband were in pain due to assault, she suspected that accused stole her gold ear studs and cash of rupees five thousand. Due to injuries, they were admitted to Shirguppa Government Hospital and complaint given after taking treatment.

3. Based on said complaint, crime No.27/2011 was registered at Shiraguppa Police Station and FIR forwarded to jurisdictional Special Court. After investigation, charge sheet was filed in Spl. Case No.15/2011, for offences punishable under Sections 143, 147, 148, 323, 324, 355, 448, 504 read with Section 149 of IPC and Sections 3(1)(x) and (xi) of the SC/ST Act. On appearance, the accused denied the charges and sought trial. In support of the charges, prosecution examined P.W.1 to P.W.9 and got marked Exs.P1 to P7; MO1 and MO2 were identified. Thereafter incriminating materials was explained to the accused who denied the same and led their evidence. Two witnesses namely DW1 and 2 were examined and Exs.D1 and D2 were marked.

4. On consideration, trial Court framed the following points for its consideration.

1. Whether the prosecution proves beyond all reasonable doubt that on 18.02.2011 at about 9.00 p.m. accused after forming themselves into an unlawful assembly with common object to insult a member of scheduled caste after trespassing in to the house of complainant PW.2 Chandramma abused her as

2. Whether the prosecution proves beyond all reasonable doubt that on 18.02.2011 at about 9.00 p.m. accused after forming themselves into an unlawful assembly with common object to insult a member of scheduled caste after trespassing into the house of complainant accused No.1 Smt. Eramma, accused No.2 Smt. Shashikala and accused No.5 Smt. Lakshmi assaulted complainant with chapel and hands and thereby caused offence punishable U/s. 355, 323 r/w. 149 of IPC.

3. Whether the prosecution proves that on 18.02.2011 at about 9.0 p.m. accused by forming themselves into an unlawful assembly by holding deadly weapons, after trespassing into the house of complainant insulted complainant and her husband in filthy language with an intention to insult a member of scheduled caste, accused No.3 Suresh and 4 Mahesh assaulted complainant’s husband with stick and caused injuries and thereby committed offences punishable U/s. 324 r/w. 149 of IPC.

4. What order?

5. After recording finding in the negative with regard to Point Nos.1 to 3, impugned Judgment of acquittal was passed. Challenging the same, State is in appeal.

6. Shri V.M. Banakar, learned Addl. State Public Prosecutor (ASPP) for