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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 9^TH DAY OF DECEMBER, 2022

BEFORE

THE HON’BLE MR. JUSTICE ANIL B. KATTI

CRIMINAL APPEAL NO.200011/2022

BETWEEN:

Vittal S/o Kallappa @ Kandappa,

Aged about: 60 Years,

Occ: Retired Teacher,

R/o: Narayanpur Village,

Tq-Aurad (B),

Dist: Bidar-585401.

... Appellant

(By Sri Bharmagouda K. Patil, Advocate)

And:

1.

Syed Fayum S/o Syed Abdul,

Age: 55 years, Occ: Teacher,

R/o: Narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

2.

Abdul Wahab S/o Syed Ibrahim Ansari,

Age: 88 years, Occ: Agriculture,

R/o: Narayanpur Village,

Tq-Aurad(B),

Dist: Bidar-585327.

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3.

Syed Shafi S/o Syed Saleem Ansari,

Age: 40 years, Occ: Agriculture,

R/o: Narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

4.

Syed Saleem S/o Syed Abdul Wahab Ansari,

Age: 40 years, Occ: Agriculture,

R/o: narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

5.

Syed Aleem S/o Syed Abdul Wahab,

Age: 50 years, Occ: Govt. Servant,

R/o: Narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

6.

Syed Shameem S/o Syed Abdul Wahab,

Age: 35 years, Occ: Private Service,

R/o: Narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

7.

Syed Ranas S/o Syed Abdul Wahab Ansari,

Age: 48 years, Occ: Agriculture,

R/o: Narayanpur Village,

Tq-Aurad (B),

Dist: Bidar-585327.

8.

Syed Rafeeq S/o Abdul Wahab Ansari,

Age: 45 years, Occ: Agriculture & Business,

R/o: Narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

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9.

Syed Mustafa S/o Syed Abdul Wahab Ansari,

Age: 40 years, Occ: Agriculture,

R/o: Narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

10. Syed Murtaza S/o Syed Saleem,

Age: 80 years, Occ: Agriculture,

R/o: Narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

11. Syed Shafi S/o Syed Saleem,

Age: 48 years, Occ: Agriculture,

R/o: Narayanpur village,

Tq-Aurad (B),

Dist: Bidar-585327.

12. Prabhu S/o Sharanappa Halage,

Age: 40 years, Occ: Agriculture,

R/o: Narayanpur Village,

Tq-Aurad (B),

Dist: Bidar-585327.

13. The State of Karnataka

Through Aurad (B) Police Station,

Represented by Addl. S.P.P.

High Court of Karnataka,

Kalaburagi Bench-585103.

... Respondents

(Sri Venkatesh C. Mallabadi, Adv., for R1 to 12;

Sri Gururaj V. Hasilkar, HCGP for R13)

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This Criminal Appeal is filed under Section 372 of

the Criminal Procedure Code, 1973, praying to set

aside the judgment dated 01.12.2021 passed by the

Addl. District and Sessions Judge at Bidar in Special

Case

(SC/ST)

No.17/2016

and

convict

the

accused/respondents

for

the

alleged

offences

punishable under Sections 384, 447, 506, 504 read

with Section 34 of IPC and Section 3(1)(5)(x) of

SC/ST (Prevention of Atrocities) Act, in the interest of

justice and equity.

This appeal having been heard through Physical

Hearing/Video Conference and reserved for Judgment

on 27.10.2022, coming on for pronouncement of

Judgment this day, delivered the following:

JUDGMENT

1.

The appellant being the husband of complainant

and also victim, is challenging the judgment of

acquittal passed by Additional District and

Sessions

Judge,

Bidar

in

Spl.C.

(SC/ST)

No.17/2016 dated 01.12.2021.

2.

The parties to the appeal are referred with their

ranks as assigned in the Trial Court for the sake

of convenience.

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3.

The factual matrix leading to the case of

complainant can be stated in nutshell to the

effect that on 03.11.2015 at about 12.00 noon

the accused Nos.1 to 12 have threatened to take

away the life complainant's family and abused

them in filthy language by taking their caste with

an intention to degrade them in the society. It is

further alleged by the prosecution that the

accused have committed criminal tress-pass in

the land belongs to complainant and committed

theft of jawar fodder, thereby caused loss to the

tune of Rs.50,000/-. On these allegations made

in the complaint, the Investigating Officer after

registering