The Karnataka High Court on Friday has sentenced 10 people on 7 counts with sentences ranging from 2 months to one year for assaulting members of Schedule Castes for complaining against upper caste people.
All the accused from Dunda village in Tumakuru district were earlier acquitted by the Trial Court in 2011.
Overturning the lower court verdict and refusing the contention of the accused for a lenient view, the high court stated, “This Court can’t lost (lose) the sight of the fact that without any justification, the accused have chosen to enter the ‘Harijan’ colony and indiscriminately assault the complainant and others for the simple reason that two of them approached the police and complain against accused No.1.”
A complaint had been filed by members of the Scheduled Castes against one DR Sudeep with regard to an incident that took place on the land of one Shivamurthy.
Justice JM Khazi noted in his recent verdict while setting aside the judgement of the III Additional Sessions Court, Tumakuru which acquitted the accused, “The accused have chosen to assault complainant and others for the simple reason that though they belong to Schedule Caste, they had the courage or audacity of complaining against person belonging to forward community.”
There were a total of 11 accused in the case: DR Sudeep, Jayamma, Nataraja, BK Srinivas, DK Shankaraiah, DB Shivakumar, Harsha, BS Shivalingaiah, DN Prakash, Gowramma and Kalpana. Shivalingaiah died during the course of the trial.
They were charged under Sections 143 (unlawful assembly), 147 (rioting), 148, 323 (voluntarily causing hurt), 324, 149 of the IPC and the SC/ST (Prevention of Atrocities) Act.
The original complaint was filed by Lakshmamma on August 14, 2008. The accused allegedly barged into the Harijan Colony “where all the Dalits are having their residence and referring to their caste, abused them. They assaulted the complainant and others with clubs, stones and caused bleeding injuries.” The lower court disposed of the case on June 23, 2011 acquitting the accused. The State didn’t file an appeal, but Lakshmamma filed a criminal appeal in the High Court in 2011.
The HC stated that the trial court has failed to appreciate the evidence and acquitted the accused.
It observed, “Without examining the oral and documentary evidence placed on record, the trial court has hurriedly come to a wrong conclusion that the prosecution failed to bring home guilt to the accused. The view taken by the trial court is wholly unreasonable and is not a plausible view.”
The HC also stated that there was a wrong interpretation of the evidence on hand, “Certainly, there is non-consideration of evidence placed on record. There is also palpable misreading of evidence and consequently, the conclusions arrived at by the trial court is perverse. It is a fit case to interfere in exercise of Appellate jurisdiction of this Court.”
It convicted all the accused “under Sections 143, 147, 148, 323, 324 r/w Section 149 of IPC and Section 3(1)(x) and (xi) of SC and ST (POA) Act.” They were sentenced to two months imprisonment each under Section 143 of the IPC, one month each under Section 147, one month each under Section 148, one month each under Section 323, one year each under Section 324, one year each under Section 3(1) and Section 3(1)(xi) of the SC/ST (POA) Act.
The HC stated, however, all the sentences “shall run concurrently.”
