Court affirmed convictions for assault under IPC but reversed those for attempted murder and caste-based abuse due to lack of evidence, emphasizing intent and corroborative testimony.

JUDGMENT :

M.G. UMA, J.

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The appellant in Crl.A. No.200104/2018 being accused No.1, the appellant in Crl.A. No.200100/2019 being accused No.2 and the appellant in Crl.A. No.200098/2018 being accused No.4 in Special Case (S.C.) No.23/2013 on the file of the learned I Additional Sessions Judge, Raichur, are impugning the judgment of conviction and order of sentence, convicting them along with accused Nos.3 and 5 for the offences punishable under Sections 143, 147, 148, 323, 504, 307 of Indian Penal Code (for short ‘IPC’) and Section 3(i)(x) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act and sentencing them as under :

“Acting under Section 143 R/w Section 149 of IPC, the accused 1 to 5 are hereby sentenced to undergo S.I. for a period of 6 months and also to pay fine of Rs.1,000/- each and default to pay the fine to undergo S.I. for a further period of two months.

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Acting under Section 147 R/w Section 149 of IPC, the accused 1 to 5 are hereby sentenced to undergo S.I. for a period of 2 years and also to pay fine of Rs.2,000/- each and in default to pay the fine to undergo S.I. for a further period of two months.

Acting under Section 148 R/w Section 149 of IPC, the accused 1 to 5 are hereby sentenced to undergo S.I. for a period of 3 years and also to pay fine of Rs.2,000/- each and in default to pay the fine to undergo S.I. for a further period of two months.

Acting under Section 323 R/w Section 149 of IPC, the accused 1 to 5 are hereby sentenced to undergo S.I. for a period of one year and also to pay fine of Rs.3,000/- each and in default to pay the fine to undergo S.I. for a further period of three months.

Acting under Section 504 R/w Section 149 of IPC, the accused No.1 to 5 are hereby sentenced to undergo S.I. for a period of two years and also to pay fine of Rs.2,000/- each and in default to pay the fine to undergo S.I. for a further period of two months.

Acting under Section 307 R/w Section 149 of IPC, the accused 1 to 5 are hereby sentenced to undergo R.I. for a period of 10 years and also to pay fine of Rs. 10,000/- each and in default to pay the fine to undergo R.I. for a further period of six months.

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Acting under Section 3(1) (10) of SC/ST Act, the accused No.2 2 is hereby sentenced to undergo S.I. for a period of two years and also to pay fine of Rs.5,000/- and in default to pay the fine to undergo S.I. for a further period of two months.

All the sentences run concurrently.”

2. The case of the prosecution in brief is that, PW1 lodged the first information with Market Yard Police Station, Raichur, against accused Nos.1 to 3, alleging commission of the offences punishable under Sections 307 read with Section 34 of Indian Penal Code and Section 3(1)(x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. The injured PW2 was admitted to the hospital and was treated. Statements of the injured and the eyewitnesses were recorded. After completing the investigation, charge-sheet came to be filed against all the accused for the aforesaid offences.

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3. Learned Magistrate took cognizance of the offences and committed the matter to the learned Sessions Judge (Trial Court). The Trial Court summoned accused Nos.1 to 5. They have appeared before the Trial Judge and pleaded not guilty and claimed to be tried. 4. The prosecution in order to prove the guilt of the accused, have examined 17 witnesses as PWs.1 to 17, got marked 15 documents as per Exs.P1 to P15 and identified M.O. 1 to 3 in support of its contention. Accused have denied all the incriminating materials available on record, but have not led any evidence in their defence.

5. The Trial Court after takin