ORAL JUDGMENT

Heard Sri A.V.Ramakrishna, learned counsel for the appellant and Sri Channappa Erappa, learned HCGP for the respondent-State.

2. Appellant is the accused, who suffered an order of conviction in Spl.C.C.No.306/2007 for the offences punishable under Sections 307 and 341 of IPC and ordered to undergo simple imprisonment for a period of five years and to pay Rs.1,000/- fine for the offence punishable under Section 307 of IPC . For the offence punishable under Section 341 of IPC , he has been sentenced to pay fine of Rs.500/-.

3. Facts in the nutshell for disposal of the appeal are as under:

A complaint came to be lodged with Harohalli Police Station for the offences punishable under Sections 307 , 341, 506 read with section 34 of IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 , (for short 'SC/ST (PoA) Act'). The complaint averments reveal that on 26.09.2007 at about 8:00 A.M., when the complainant was proceeding on the public road to reach Harohalli, pursuant to previous enmity, the accused picked up a quarrel and abused him in filthy language taking out his caste name with an intention to degrade him in public