10 sentenced for assaulting SC persons for complaining against upper caste people in Karnataka
Bengaluru, Nov 18: The High Court of Karnataka has sentenced 10 people on seven counts with sentences ranging from two 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 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 (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 D R 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 J M Khazi noted in his recent verdict 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: D R Sudeep, Jayamma, Nataraja, B K Srinivas, D K Shankaraiah, D B Shivakumar, Harsha, B S Shivalingaiah, D N 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 Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The original complaint was filed by 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, stones and caused bleeding injuries.”.
The lower 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 HC said the trial court has failed to appreciate the evidence and acquitted the accused.
“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,” it observed.
The HC also said 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,” the high court said.
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.
However all the sentences “shall run concurrently,” the HC said.
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People of Assam have made Pawan Khera eat pera, mocks Himanta Biswa Sarma
Dispur: In the backdrop of the BJP-led NDA’s sweeping win in the Assam elections on Monday, Chief Minister Himanta Biswa Sarma hit out at the Congress party, picking senior leader of the rival party Pawan Khera who had alleged that Sarma’s wife had multiple passports.
Speaking to BJP activists and reporters after the poll results were announced, the CM opined that Khera should no longer hold the position of spokesperson in the Congress, adding, “The people of Assam have Pawan Khera eat ‘pera’.”
Sarma, who called the people’s mandate in the state both historic and emotional, said, “The state’s image had started changing since 2016, under the influence of Prime Minister Narendra Modi and Union Home Minister Amit Shah. Assam is now being considered a development-orientated state because of them.”
Commenting on the Congress leadership, the CM said that the people believed the BJP’s allegations during the campaign. “Congress leaders, however, faced rejection from their own communities,” he claimed and added that the BJP government would continue raising certain issues even after the elections.
