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 an