The present appeal is filed against the Judgment

dated 13.07.2015 passed in Special Case No.30/2013 by

the court of II Addl. Sessions and Special Judge, Vijayapur.

2.

Brief facts of the case are as under :-

The present accused/appellant was charge sheeted

for the offences punishable under Sections 447, 326, 504

and 506 read with Section 34 of IPC and Section 3(1)(x)

and 3(2)(v) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (hereinafter referred to

as ‘SC/ST (PA) Act’ for brevity).

3.

In the complaint, it is contended that on

18.08.2013 the appellant tried to assert his right of access

to the land of Nemu Rathod situated near the Bellihalla of

Byakod village and at that time Nemu Rathod objected for

the same. In that regard there was a quarrel and appellant

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and accused Nos.2 and 3 who were the juvenile offenders

abused Nemu Rathod in filthy language by taking out his

caste name and also assaulted him with a blunt portion of

the axe. In the meantime, the quarrel was pacified.

Subsequent thereto, complaint was registered and police

investigated the matter and filed the charge-sheet against

the accused/appellant for the aforesaid offences.

4.

The presence of the accused/appellant was

secured and trial was held, since accused pleaded not

guilty.

5.

In order to prove the case of the prosecution,

in all eight witnesses were examined as PWs.1 to 8.

Prosecution relied on ten documents which were exhibited

and marked as Exs.P1 to P10. Three material objects were

also marked on behalf of the prosecution as MOs.1 to 3.

6.

On conclusion of the prosecution evidence,

statement

of

the

accused

as

contemplated

under

Section 313 of Cr.P.C has been recorded wherein the

accused has denied all the incriminatory materials found

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against him in the prosecution evidence. Accused did not

chose to place his version about the incident on record

either by examining himself or by placing any written

submissions as is contemplated under Section 313(5) of

Cr.P.C.

7.

Thereafter, learned trial Judge heard the

parties and by judgment dated 13.07.2015 convicted the

accused for the offences punishable under Sections 447,

326, 504 and 506 read with Section 34 of IPC and passed

an order of sentence as under :-

"Accused No.1/Shivappa is hereby

sentenced to undergo rigorous imprisonment for 3

(three) months for the offence punishable

U/s.447 of IPC and shall pay a fine of Rs.500/-. In

default of payment of fine, he shall

further undergo simple imprisonment for a period

of 10 (ten) days.

Accused No.1/Shivappa is sentenced to

undergo rigorous imprisonment for 1 (one) year for

the offence punishable U/s.504 of IPC.

For the offence U/s.506 of IPC, which has

resulted in causing grievous injury to Pw.3/Nemu,

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that too, with a weapon, therefore

accusedNo.1/Shivappa is sentenced to undergo

rigorous imprisonment for 5 (five) years for

the said offence, as it falls U/s.506 part-II of IPC.

Accused No.1/Shivappa is hereby

sentenced to undergo rigorous imprisonment for 10

(ten) years for the offence punishable U/s.326 of

IPC and shall pay a fine of Rs.5,000/-. In default

of payment of fine, he shall further

undergo simple imprisonment for a period of 3

(three) months.

Substantial sentences of imprisonment

shall run concurrently, whereas default clause

sentences shall run one after the other.

MO.1 to 3 are ordered to be destroyed as

worthless after appeal period is over.

This accused No.1 has made the

Pw.3/Nemu virtually incapable of doing anything

because of fracture of his left thigh on femur

region, therefore acting U/s.357-A of Cr.PC,

accused is directed to pay compensation of

Rs.50,000/- to Pw.3/Nemu. In default of payment

of this compensation, same shall be recovered from

him invoking the provisions of Sec.441 of Cr.PC

and if that is not possible for any reason, then this

accused shall further undergo simple imprisonm