IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 23^RD DAY OF SEPTEMBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

CRIMINAL APPEAL NO.3680/2012

Between:

1.

Yakub S/o Nabisab Choudri,

Age: 18 years, Occ: Tum-Tum Driver,

2.

Sonu S/o Syedsab Choudri,

Age: 19 years, Occ: Tum-Tum Driver,

Both R/o Jogur, Tq. & Dist. Gulbarga.

… Appellants

(By Sri.Ustad Sadat Hussain, Sri. Madhuchandra M.N.

& Sri. Manjunath, Advocates for appellants;

Sri. Biradar Veeranagouda (Amicus Curiae)

And:

The State Through

Farhatabad P.S.

Gulbarga.

… Respondent

(By Sri Gururaj V.Hasilakar, HCGP)

2

This Criminal Appeal is filed under 374(2) the

Code of Criminal Procedure, praying to allow this

criminal appeal and set aside the judgment of

conviction and order of sentence dated 05.10.2012

passed by II Addl. Sessions Judge, Gulbarga in Spl.

Case No.467/2011, convicting and sentencing the

appellants and grant such order and further relief as

the Hon’ble court deem fit, the circumstances of the

case, in the interest of justice.

This appeal coming on for final hearing this day,

the Court delivered the following:

JUDGMENT

The above appeal is filed challenging the judgment

of conviction and order of sentence dated 05.10.2012,

passed in Special Case No.467/2011 by the Court of

II Additional Sessions Judge, Kalaburagi.

2.

The

Special

Court

had

convicted

the

appellants/accused for the offence punishable under

Section 341 of Indian Penal Code and ordered to

undergo simple imprisonment for a period of one

month; further the appellants/accused are convicted

for the offence punishable under Section 323 of Indian

Penal

Code

and

ordered

to

undergo

simple

3

imprisonment for a period of six months; further the

appellants/accused are convicted for the offence

punishable under Section 504 of Indian Penal Code and

ordered to undergo simple imprisonment for a period of

six months; further the appellants/accused are

convicted for the offence punishable under Section 3(1)

(x) of Schedule Caste and Schedule Tribe (Prevention of

Atrocities)

Act

and

ordered

to

undergo

simple

imprisonment for a period of six months and directed to

pay fine of Rs.500/- each and on default of payment of

the fine amount shall further undergo a simple

imprisonment for a period of one month.

3.

The brief facts of the case of the prosecution

is as follows:-

The complainant-PW1 made an allegation that on

30.09.2011, at about 11.45 a.m., when the complainant

along with PW4 were to go to Gulbarga and came to bus

stand, at that time one Tum-Tum vehicle was going to

4

Chowdapur and the PW1-complainant requested to

take in the said Tum-Tum vehicle, but the driver of the

said Tum-Tum vehicle had not allowed to enter the

Tum-Tum vehicle, then the PW1-complainant and PW4

were standing in the bus stand at that time the

appellants/accused

came

there

and

taunted

the

complainant saying that whether you are an officer and

then abused with reference to caste and abused in

vulgar language and in spite of it, PW1 and PW4 started

get away from that place, but, the appellant followed

PW1 and PW4 and intercepted them by holding shirt

and assaulted on the chest and kicked to their private

part and also abused in filthy language and also abused

them with reference to their caste. Therefore, on these

allegations complainant-PW1 lodged a complaint before

the police. Accordingly, Farhatabad police registered

Crime No.186/2011 for the offences punishable under

Sections 341, 323, 324, 504 of IPC R/w Section 34 IPC

5

and 3(1)(x) of Schedule Caste and Schedule Tribe

(Prevention of Atrocities) Act, 1989.

4.

Since the offences alleged are against the

members of the schedule caste, PW9 - Dy.S.P. had

taken up the investigation who is an official ranking

Deputy

Superintendent

of

Police

and

thereafter

investigation was taken up and charge sheet was fi