Prosecution must prove guilt beyond reasonable doubt; contradictions and a lack of independent witnesses led to the acquittal of the accused.

JUDGEMENT :

This appeal is filed by the appellant/accused No.1 under Section 374(2) of Cr.P.C. challenging the judgment of conviction and order of sentence passed by the II Additional Sessions Judge, Kalaburagi in Special Case (SC/ST) No.382/2011 dated 23.09.2016.

2. For the sake of convenience, the parties herein are referred with the original rankings occupied by them before the Trial Court.

3. The brief factual matrix leading to the case are as under:

That the complainant has lodged a complaint as per Ex.P.1 by setting the law in motion. It is alleged on 13.05.2011 he was deputed on picketing duty from 02-00 p.m. to 10-00 p.m. near Santosh Talkies, Kalaburagi. It is alleged that when he was discharging his duty, at 05-45 p.m., near Windsor Bar, accused No.1 who was the husband of DYSP Smt. Madhuraveena came with 4 others and asked him to bring water battles from hotel, for which he asked politely to take the water bottle by himself. It is alleged that then accused No.1 abused him in vulgar language asserting that he is the husband of DYSP and he would see that how the complainant would continue in the job and he would see that he would be removed from the service, dragged him by holding his uniform and slapped on his cheek. Then, the complainant who was head constable in Ashok Nagar Police informed the matter to P.W.2/ASI/Saibanna and P.W.10/ASI/Tayanna who were on patrolling duty. When they along with the police constables Pradeep and Hanamanth, who were discharging their duties in the Central bus stand came near Windsor bar, they noticed that accused No.1 was not there. They got information that he went near Kapila lodge and they all went there and P.W.10/ASI/Tayanna asked accused No.1 and his companions as to why they have manhandled his colleagues/police officials. Then accused No.1 abused them in vulgar language and fisted on the face. As a result, Tayanna fell down and become unconscious for couple of minutes. It is further alleged that the other companion pushed Saibanna/P.W.2. However, they all managed to control accused No.1 and accused No.1 and others were taken to police Station. There the wife of accused No.1 Smt. Madhuraveena came and before her accused No.1 abused in vulgar language claiming that the police have assaulted him and attempted to manhandle Saibanna. It is alleged that the DYSP instead of controlling accused No.1, abused police officials and told them that she will look how they would continue in service and at her instigation, accused No.1 abused Saibanna with reference to his caste.

Then DYSP took accused No.1 and his four companions in the chamber of Police Inspector and later on took them in her jeep and went away. When the Police Inspector went to the police station, the same was narrated to him and a complaint was lodged. The injured were referred to Medical Officer and they obtained treatment. The mahazar was also drawn in this regard. After completing the investigation, the investigating officer has submitted the charge-sheet against the accused for the offences punishable under Sections 504 , 353, 332 read with Section 34 of INDIAN PENAL CODE and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. Accused No.1 was arrested and was subsequently enlarged on bail. The cognizance of the offences were taken by the learned Special Judge after submission of the charge- sheet and the copies of the prosecution papers were furnished to him as contemplated under Section 207 of Cr.P.C. As accused No.2 is not traceable, the case against him was spilt-up and case against accused No.1