High Court Karnataka High Court

Maheshwarappa @ Maheshi vs State Of Karnataka By Channagiri P … on 27 October, 2010

Karnataka High Court
Maheshwarappa @ Maheshi vs State Of Karnataka By Channagiri P … on 27 October, 2010
Author: N.Ananda
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27'?" DAY OF OCTOBER 2010

BEFORE

1.

THE) HONBLE MRJUSTICE N.ANA1$:II)A.¢’ ”
CRIMINAL APPEAL No.1369/20’e{; A

_E_3__E_’§__W_E_E_1\£

Maheshwarappa @ Maheshi A

8/0 Hosurappa
Aged 33 Years
Agriculturist

R/at Bulasagara v’i2’iiw1’age’;AA'””V_ ‘IO;

Channagiri Taiuk. ‘ —

H.Lakshmgf1a,_ @ 1:;gi1§sh:;;a§p«;§a.%_ O’

3/0 .

Aged 37 =Y’evars”;._Agr11..A ‘

R/at Bu1.aSag’a_ra.OV’iEiéige’, ‘

Channagiri ‘ –~ ., O” ” 2

}3..H.Rarnappa7’@ RafneSh
.~§3~/0OAH0sura’ppVa _

V” “Agéd 239. ‘Years ,mAgri.

* OR/vat’~Bu1tasagara Village,

C’i1?Hm’agiri~~~Ta1uk.

.”~«._H0sL1rai;)pa

8/ 0 Thimmappa

L Aged’ 68 Years
‘Agricuiturist

-R/at Bulasagara Vii.,

Channagiri Taiuk.

Smt.Lakkamma

W/0 Hosurappa

Aged 63 Years

R/at Buiasagara Viilage,
Charmagiri Tluk

6. Kum.B.H.Shaila
S/o Hosurappa
Aged 23 Years
R/at Balasagara Village,

Channagiri Taluk. p

{By Sri.Y.S.Shivaprasad, Adv.)

AND:


State of Karnataka

By Channagiri RS. *    g 

[By Sri Vij ayakumar Maj age,” — . _

This Crl..A is fil-cc£.j’11nde~r ‘Se-_cti’e;ri 374(2) Cr.P.C
against the Jiu’-dgment dated *06.lQ9,,2Q0A4i passed by The
District andl’..,Se{ssio11s«Judge, Eavanagere in Spl.SC/ST
Case No.46/{.02}, “‘c’o.nvic’ti.ngV..appelIar1ts–accused for
the offences “pu:n_isliabl.Ve”undvervsections 147, 323, 324
and 5fO6llr’/W5. section lPC”and under section 3[l][x]
and 3v(1)(_x’i} Vof/S’i”={_P;A]’ Act and sentencing them to
undergo 53.1. and to pay fine of Rs.250/»*,
in default to undergo for 10 days for an offence
punishable” under section 147 IPC sentencing them to
undergo S.I. fo-r6 months and to pay fine of Rs.200/–,

in”‘e–defaultyto undergo SI. for 10 days for an offence
» punishablepgunder section 323 IPC, sentencing them to
u.r_1dergo.._yS.I;e-.fo~r 1 year and to pay fine of RS.3O0/W, in

‘default ‘ to. undergo SI. for 1 month for an offence
pu.nish..ab_le»’ under section 324 IPC sentencing them to
undergo RI. for 1 year and to pay fine of RS600/~, in

default…”to undergo SI. for 2 months for an offence
ff punishable under section 506 part–II r/w section 149
lP»C..*and sentencing them to undergo S.I. for 6 months

and to pay fine of Rs.5O0/W, in default to undergo S.I.

….-for 1 month for an offence punishable under section

3[1}[X) of SC/ST[PA) Act and further sentencing them to
undergo RI. for 1 year and to pay fine of Rs.1,000/–, in
default to undergo S.I. for 2 months for an offence
punishable under section 3[l](xi) of SC / ST (PA) Act. All
the sentences shall run concurrently with one another,

This appeal coming on for hearing this day, the

Court delivered the following:

JUDGMENT’

The appellants No.1 to 6 were arrayed;”aS” _

No.1 to 6 in Sp1.C.C.No.46/2001 on

Judge, Davangere. They “7€lT§ tried, and

sentenced for offences pur1Vis«hable*-under=Set§tions_}14’f,,:*

323, 324, 506 1.p.c., and atg’ol i1c:porfé:l«¢¢s ptinishable

under Sections 3 of the SC/ST

(Prevention of Atrocities} Plot; short ‘the Act’)

There:tore.’_’thley this appeal.
2;’ have«Vheafti«..:’:pv”Sfi.Y.S.Shivaprasad «~»~ learned

counsel. appellants«accL1sed and Sri.Vijaykurnar

leatjned Clovernment Pleader for the State.

:I”_nv_ the case of prosecution is as fo11oWs:–

Tfieleaecused No.1 to 3 and 6 are the Children of

3 aCC.nsed.No.4 and 5. They are residents of Bhulasagara

lkfilllage, Channagiri Taluk. They belong to Uppara caste.

–~ A.K.Rangappa is the husband of PW.2 w~

Shanthamma. PW.4~« Neelappa is the br0ther__,:of PW.l.

4 \ “K :3”.

,5–\; CL»

iPW.6 M Ningappa is also the brother of PW.l. PW.7 W

Nagendrappa is related to PW. 1. The father of PW:-1 had

two wives. Through his first wife. he had a

name Lakkavva. He had purchased the land

4 acre 30 guntas in the name

she was not married. _She l’was_.gettj1;g”~vtl1e

cultivated through accusedll’-anzd. she W.as’-alsol”‘staying in’
the house of this family
members had taken. there were

quarrels betwieeii parties ‘regarding possession and

cultixjfation’ 0

th aidland.

4.

4:

7-.” »l9’9_’7«at—abo.ut 8.80 a.m., accused No.1

to 6 formed unlayVfull:aslsembl.y in front of the house of

-2 A.K.lRa._ngapf)a and in furtherance of common

.A objjectj unlawful assembly. they used criminal

~fo’rce an offence of rioting. Accused No.1.

toll.””8. ‘ltno\kl1ng fully well that PWs.I & 2 belong to

“schedule caste, abused them by taking the name of
caste in public with a View to insult them. In

V lvlllfurtherancre of the common object of unlawful assembly,

accused No.4 to 6 pulled the saree of PVVI2 »:

§’\’; \$n.

Shantharnma with an intention to dishonour or outrage
her madesty and also bet. and kicked her. Thegfefore,

the accused committed an offence punishable

Section 3 (1) [X] [xi] SC/ST (Prevention offktjlriocvitiesl

In the course of same transaction”and t’uftheranC,e bf ‘

commission of object of unla\2{iful–.’aSsernh.ly=c ac:;us’ect_

No.1 to 3 assaulted and

and Voluntarily caused h.u”1″t=. and they also
assaulted PW.l with cart committed an

offence punishable ijun€dé..:- ~séetiQ1j§:’Vj’323 1.13.0. The

aecusedlllalsbfheld’JOutvthreatswts the lives of PWs.l and
2 and’cQn1.mittetiA:_i;an”‘silence punishable under Section

505 ape. ‘

Durin§’ti’ie”c0urse of trial, PWs.l to 14 were

documents as per E3x.P1 to P8 were

marked .. l ” ‘T

~. g_The defence of accused was one of total denial.

A l’he~«_.accused have denied that PWs.l and 2 belong to

Schedule Caste. 5″\:= .:.’é<"'~ x if-*2 »«7ii~~.=«

7. The learned Trial Judge on appreciation of
evidence and on hearing learned counsels for both

parties, convicted accused for the aforesaid offencfesl;

In View of the conviction of accused, foilhowiiig

points would arise for determination ‘:- l

1) Whether the prosecution?’

771997 at about 8v’i3G_a.rn;,.. ;ac¢us’§3d’..,1i\1Q.m1jtgi 5,}

had formed unlawful criminal
force thereby .co,rr1mi’t’tedroffence” punishable

under Section

2] has proved that accused
1* to’.§”l’i1i.:ifurtherance of common object of
_unlawlfu1,asseI_nbly, knowing full well that PWs.l
va_indv2 belor1_gHt,o Schedule Caste, abused them by
name of their caste Within public vision
atn:.:*intention to humiliate them and in the
of same transaction, accused No. 4 to 6

l ..pulled the saree of PW.2 with an intention to
dishonour or outrage her modesty thereby,
accused No.1 to 6 have committed an offence
punishable under Section 3 (1) (X) and 3 (1) [xi] of
SC/ST (Prevention of Atrocities} Act r/W Section

149 i.P.C. :2 W M

3] Whether the prosecution has proved in the course
of same transaction, accused No.1 to 3 assaulted
PW.1 and accused No.2 to 6 assaulted PWi,’2″–.with

a cartpeg thereby, accused con1n1itted”:lo’f-fences

punishable under Sections 823 and

section 149 IPC ?

4) Whether the prosecution:’»has’~proved-.tl1at”liI1A

course of same transaction”.._ accused5Athreat’en’ed_”‘,

PW.1 and 2 with direleonsequencesu to their lives
thereby accusedpcomrniittjed an offence. punishable

under Section See’ yr/wp 1:49 -2
5] Whetherfihe has properly
record ‘.9

6} W1iQlh,€F’ judgment calls for

– interfer¢hcev”?

“order ‘.9

‘Bvelfore adverting to the oral evidence of PW’s.1

toyp is necessary to consider the documentary

‘evidence adduced by the prosecution in proof of the

-»-elaste of PW1 and PW2. The prosecution has produced

the document as per E1x.P7′, which is not a caste

certificate, but it is a reply sent by the Tahsiidar’ {CW.16
it ~§1v~5é-

3..\; 4

— B.S.’I’alwar) of Channagiri Taiuk. CW. 16 — B.S.’};’alwar
was not examined before the Trial Court. The doctiment

as per EXP’? does not fall under Section

Therefore. the document cannot be read’
evidence. The examination of C.WA.1_6′ fcaéste
PW’s.1 and 2 and production orcaéteii ce1″t_ificate

manner known to law was atjsoluteiy.neceVssar\fto prove”

the caste of PW} and..PW2A.-more ‘partict11ar13r.-arhen the
accused have denied’ -2 belong to a

schedule caste.’ adduced by

prose:-;ci’1htViVo11..irlivs safficient to prove offences
punishabie 3 (1) (X) and 3 [1] (Xi) of the

Act._. _v .

FromAthe….eVidence of PWs.1 to 6, I find that

iirjroof of offences under sections 323, 324,

‘i_isr:incredib1e and inconsistent. Accused No.5

is thevimother of accused No.6 — Kurnshyiaja. At the
time, Kun1.Shylaja was aged about 16 years

and her mother Lakshmamrna [accused no.5} was aged

X:

A ;’

3.\i \~ k {Li “‘L[£1’\-..’

about 50 years.

l0. PWs.l. 2 and 4 have deposed that accused
No.1 to 6 pulled the Saree of PW.2. This evidence looks

improbable for two reasons. Accused No.1 to Eitogeither

could have pulled the saree of

improbable as accused No.5 and,”6_who_–‘are=§vorf1’er1.Vha_d””

attempted or used criminal lforcfe ..
outrage the modesty of V l _ V ‘ V is V l

PW.5 has not Vnniorolsecution.

PW.7 has deposed 6 pulled the
saree of This improbable.

Accused._NoV;5l’».an:di women. Therefore, it looks
ridiculous that’ accu»s.e”c} ‘No.5 and 6 had intention to

dislionoiir ornloultrage the modesty of PW.2.

Before adverting to the evidence of prosecution

witnesses”;infproof of offences under sections 323, 324,

506 1.’/llV’«[ section l49 IPC, it is necessary to state that

and 2 and their family members had grievance

against accused No.1 who was cultivating the land

“downed by Lakkavva {elder sister of PW.l). She was

staying in the house of accused No.1. These facts are

3\s ».. .«:”3″‘x ‘M’s-C%;x*

deposed by PW. I. It is also in the evidence of PW1 that
accused No.4 had lodged a complaint against that

PW.1 and his family members had been warned

police not to enter the land held by Lakkawja

in the’possession of accused. ,~I:o._4the.” cii9c’ufmsta_neei’sV, it

evidence of PW’s 2 and 4 that

the house of PW.1 and piciied-.up ci;.i1a__1″1*elVglVw:ith;Vhin’i”jw”ith”‘ V

regard to possession.’ of Vt-he.”gaforestatleciv-..lahd looks
improbable. PW’s.;i that accused

No.1 and hisgvfailnily 1if1enib’ers.x5ve’;feV in “possession of land

belonging ” , _v the Circumstances, the
evider1.ce’– of that family members of
accused ..No.1 lcaIne”riea_1_f”the house of PW.1 and picked

up gguarre4l”‘with,..PW’v1 looks improbable. On the other

ha.’rI§:i, l.ooks’.””p1′.Qbably PW.1 and 2 who had grudge

. against ‘Aacciused No.1 and his family members for being

and cultivation of land belonging to

concocted a story to lodge a false case

against}..accu.sed No.1 and his family members, with a

it View dispossess them from the land owned by

l”I.,akl?:a\Wa. 3/\i t 5″‘ ‘””‘€*”

PW.1 has deposed that the first accused assauited
him with a ciub and the accused abused his} as

“Madiga Sulemagane”.

PW.2 has deposed that accused assa_ufl’£:ed with.

a cart peg.

PW.4 has gone a step further toggdepose

accused dragged PW’s.1 and”‘2:from hiSV_house’§’.:which is

not the case of proseedution

PW.6 has deposed_”thsat” ‘abused PW’s.1

and ‘of their caste. They had
assaulted sI?VVTVs.x1 PW6 was not a witness for the

occu;rrei’xce.

deposed that accused No.1 to 6

tre’spas_seddA.71hto the house of PW’s 1 and 2 and pulled

of their house. Accused No.1 abused PW.2 as

‘-7f_I*iada1’agithi”. Accused No.5 and 6 pulled the saree of

PW.’7 has given altogether a different version,

even otherwise, he was deCIareci as a hostiie witness.

;”\f%, 1-5 Lu:?{ …

PW. 11 is related to PW. 1. PW.l1 has deposed that
accused picked up quarrel with PW.1 regarding

possession of land held by Lakkavva.

demanding PW.l to give up the land a1′}.f;’l:—
telling that he will not give up the .landj.lh allll
the accused surrounded PW’s.;l; ‘:2

them. Accused No.6 pu11ed.,l:tia.¢ sate? ofu~PW.11=7

was also declared as ,a hostile ljfiwitriess. l’l1€. Evidence of
PW1l that accused hlad.cgoi1.ef’:’r2:lealr ‘house of PW} to

demand to part’ with:jdossessjioifgpf of Lakkavva is

contrarv”ltoc* of » .l5W1. _ V
PW. 10 is all-§g.ed’»»h ave witnessed the occurrence.

He has not “stated’– aljout the assault. He appears to be a

l -. pos«tl’oe”currence Witness.

1 1′”2.,_AlFrosrn_j..the evidence of above witnesses, We find

that no consistency in their evidence. The

entire vinlcident is distorted. The evidence of F~’W’s.4» and
accused No.6 pulled the same of PW.2 with an

…_inteni:ion to dishonour or ouiirage her modesty is

ridiculous. Even with regard to words uttered by

5″\) “X *~- 57*

accused to insult PW’s.1 and 2 by taking the name of
their caste is ridiculous. Added to this, the Inedical

evidence of PW.9 does not support the egrea/fit.ness

account of incident. PW.9 we

Medicai Officer of Channagiri_.ha.s cienovsletiy’ on

7.7.1997 at about 4.15 p.m., Pxivfs

hospital. PW9 examined and ‘fot1nd”~.ll’oi’1oiwingl”V

injuries:

1) Abrasion beneatl’1’th’e

2) Complaint of pgfii’ ia:;m. :sfir£er1ln§. behind the head

. _’
» Q examined PW.1 —

Ranggiappa anti. the following injuries:

(_vfoni:tisivon on the left fore arm

3 C,on.tVus;ion on the neck
‘ of pain on the back

4) ..Cc-intlusion on the left thigh

lll”~,However, PW.9 has not given the dimension of

injuries. PW’s.1 and 2 and other eyewitnesses have

deposed that accused No.1 to 6 had assaulted PW1 and

PW2 with a club and cart peg however, we do not find

«F 5!

axi 1;” ,é’5”\. \.

corresponding injuries on PW} and PW2. Added to this.

there vvas inordinate delay in lodging the con’1pla,int.

The occurrence took place on _

8.30 am. The jurisdictional police «at

distance of 10 Kms from the place of .inciedent”;-

information was lodged atab-out

for which there is noV’_satisfa_cto1fy less
the explanation. 1 d

13. Thuei __On re’ V.oi»”‘evidence, I find
that PW’s. «i accused for being
in by Lakkavva (elder sister of
PWI]. ‘In was living in the house of

th.e.{:acc~used.d “Accus,ed No.1 to 6 were in possession of

‘ land Lakkavva. There was no need for accused

. near the house of PW’s.1 and 2 to pick

up with them regarding possession of land. The

VA prosecution ha.s failed to prove that PW’s 1 and 2 belong

‘to schedule caste. The document as per EX.P7 cannot

be read as per evidence in absence of examination of
Tahsildar (CW16) as a witness. The evidence of PW.4

that a,».::(;:useci Nof: .21r1.d 8 had outraged the rriodesty of

PW2 looks ridiculous, as accused No.5 and 6 araalso

women. The evidence of PW’s TI to 5, PWI7

not supported by medical evidence and K ,

their evidence is highly discrepant;”«PW’s-;5.,A.:_’7–_Vari’d’v

were declared as hostile gwitnesses. T.f’_;e:”1″;1eCl.icala

certificate and evidence show
grievous injuries, thevmpersons of
PW’s.l and 2, that ,”.iIfjv’:itlf1ey had been
assaulted There was
inordinate first information for

which there pifoper’ explanation.

It appears’ 1 and 2 had grudge against

accused No.1 a1’1d___Ij1_i5 family members for being in

belonged to Lakkavva who is the

elder.’«sisvter7.’of It appears that PW.l had lodged

“first information against accused No.1 and his family

“meiriibers vvith a view to dispossess them from the land

_ -fiieiii by Leikkawa.

The learned Trial Judge without noticing these

discrepancies has held accused guilty of aforesiated £3

/3,’ 5:-j”‘*’ V”

3. ,_ ._

offences. On re appreciation of evidence, I find that

none of the offences for which the accused wereuciharged

is proved. Therefore, the impugned _

Sustained.

14. In the result, I pass the 4′ ‘
b
The appeal is accepted,4_i:’f’he jtidgment is
set aside. Accused 2001, on

the file of Special irate acquitted of

offene’es’i’pL”1,f1iSh:2§i??J1euiidersections 147. 323, 324. 506
r/W “offences punishable under

Sectionsb3~»(1’) [xV]’V-.afn.d3″iiV[1) (xi) of the SC/ST (Prevention

oi-“,,.f§trocities) bail bonds executed by accused

“shall ciapcelled. The fine amount, if any, deposited

byééjibthe. shall be refunded to them. Office is

Adirecte_d to send back records along with a copy of this

ju_dgme11t.

gel; *’
EEEGE