10 sentenced for assaulting SC persons for complaining against upper caste people
NT Correspondent
Bengaluru: The High Court of Karnataka sentenced ten persons on seven counts with sentences ranging from two months to one year for assaulting persons from Schedule Castes for complaining against upper caste people.
All the accused HC allows 8.5-month pregnant candidate to write judge exam HIGH COURT Trail KSRTC gears up to foray into logistics business, to have its own fleet of vehicles 10 sentenced for assaulting SC persons for complaining against upper caste people from Dunda village in Turuvekere were earlier acquitted by a Trial Court in 2011.
Overturning the lower court verdict and refusing the contention of the accused for a lenient view, the HC said, “This Court cannot lost 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 Caste against one DR Sudeep with regard to an incident that took place on the land of one Shivamurthy.
“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,” Justice JM Khazi noted in his judgement on October 31 while setting aside the judgement of the III Additional Sessions Court, Tumakuru which had acquitted the accused.
There were a total of 11 accused in the case; DR Sudeep, Jayamma, Nataraja, BK Srinivas, DK Shankaraiah, DB Shivakumar, Harsha, BS Shivalingaiah, D N Prakash, Gowramma and Kalpana. BS 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 Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The original complaint was filed by one Lakshmamma on August 14, 2008. The accused had 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, and stones and caused bleeding injuries.”
The Trial Court disposed of the case on June 23, 2011 acquitting the accused. The State did not file an appeal but Lakshmamma filed a criminal appeal in the High Court in 2011.
The petition was heard by Justice JM Khazi and disposed of on October 31, 2023. The HC said that the Trial Court has failed to appreciate the evidence and acquitted the accused.
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