The court held that reliance on inconsistent and insufficient witness testimonies, alongside lack of medical evidence for grievous injuries, invalidates the conviction, necessitating acquittal.

JUDGMENT :

G BASAVARAJA, J.

The appellants have preferred this appeal against the judgment of conviction and order on sentence passed by the I Additional District and Session Judge, Mandya in a Special Case No.50/2013 dated 17.10.2014.

2. The parties herein are referred to as per their rank and status before the trial Court.

3. Brief facts leading to this appeal are that the Deputy Superintendent of Police, Mandya Sub-division, Mandya submitted charge sheet against the accused for the offence punishable under Sections 504, 326, 323, 114, 324, 506 read with Section 34 of Indian Penal Code (for short 'IPC') and under Sections 3(1)(x), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act').

4. It is alleged by the prosecution that on 20.05.2013 at about 08.30 P.M. in Thenginabhaga Village in Nagamangala Taluk, when the complainant-Shruthi and her parents Javaraju and Puttamma, who are CW2 and CW3, were talking with each other in front of their house, at that time accused 1 to 3 with respect to ill-will reading aquaculture in the tank of Tenginabhaga Village and with an intention of giving torture, had been to the house of the complainant and her parents and accused No.1 abused CW.2-Javaraju in filthy language knowing fully well that he belongs to Scheduled Caste community by referring to his caste as,

humiliated him in public view as he had filed a case before the Court with regard to the aquaculture and when he told that he has not filed case, all the accused abused him and accused No.1 assaulted him with a reaper patti on his legs, nose and hands and caused bleeding injuries to him; accused No.2 also assaulted him with his hands. At that time, CW3-Puttamma, wife of CW2 tried to separate the scuffle. Accused No.3 instigated accused 1 & 2, and accused No.3 caught hold of CW.3-Puttamma and dragged her and kicked her and caused and grievous hurt. Thereafter, complainant has taken CW2 and CW3 to the Government Hospital and thereafter went to the Police Station and filed a complaint, based upon which the Nagamangala Rural Police registered a case and the Deputy Superintendent of Police, Mandya, took-up further investigation and collected the evidence and submitted charge-sheet against the accused for the aforesaid offences. The accused were enlarged on bail.

5. Upon hearing on charges, the trial Court has framed the charges for the alleged commission of offences. The same were read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried.

6. To prove the guilt of the accused, in all, 13 witnesses were examined as PWs1 to 13. Ten documents were marked as Exhibits P1 to P10. Three material objects were marked as MOs.1 to 3. On closure of prosecution side evidence, statement of the accused under Section 313 of Code of Criminal Procedure was recorded. Accused have totally denied the evidence of prosecution witnesses, however, have filed written statement stating that there is a civil dispute between the complainant and Kalabyraveswara Yuvakara Sangha and his brother is the Secretary of that Sangha, and the complainant, due to intoxication, fell in front of his house and sustained injury. Complainant is the member of Dalita Sangha and received compensation. The complainant filed false complaint and also produced the copy of the judgment of Regular Appeal. However, the accused have not led any defence evidence.

7. Having heard the arguments on both sides, the trial Court convicted accused 1 to 3 for the offence under Sections 504, 323, 324, 326 read with Section 34 of IPC and Section 3(2)(v) of SC/ST (PoA) Act and acquitted accused 1 to 3 for the offence punishable