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This appeal is filed challenging the Judgment of conviction and Order of sentence passed in Spl. Case No.63/2011 dated 25.11.2011 passed by Special (III Addl. Sessions) Judge, Belgaum wherein the appellant-accused Nos.1 to 4 were convicted for the offence punishable under Sections 323, 355, 504 r/w 34 of IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989.

3. The accused were not sentenced separately for the offence punishable under Section 355 of IPC and 504 of IPC by taking aid of Section 71 of IPC as offence under Section 355 is covered under Section 323 of IPC and offence under Section 504 of IPC is covered under Section 3(1)(x) of SC and ST(POA) Act, 1989.

4. The factual matrix of the prosecution case is that PW.1 and PW.4 are husband and wife. PW.3-Uttam is son of Basappa Ganeshgol elder brother of PW.1 and they were residing in the Ammanagi village and they belong to Hindu Holer caste coming under Scheduled Caste.

7. At about 00.15 Hours on 19.03.2011 PW.1-Kempanna went to Sankeshwara Police Station and filed Ex.P.1-complaint and case came to be registered in Crime No.63/2011 for the offence punishable under Sections 147, 323, 355 and 504 r/w 149 of IPC and Section 3(1)(x) and (xi) of the SC and ST(POA) Act, 1989 and accused Nos.1 to 4 were shown as accused Nos.2 to 5 in the FIR and the name of one Udaya Shankar Desai as accused No.1 in the FIR. Dy.SP, Gokak took up further investigation and filed charge sheet before herein for the offence punishable under Sections 323, 355, 504 r/w 34 of the IPC and also under Sections 3(1)(x) of the SC and ST(POA) Act, 1989.

8. The Special Court framed the charge for the offence punishable under Section 323, 355, 504 r/w 34 of IPC and Section 3(1)(x) of SC and ST (POA) Act, 1989.

9. The prosecution has examined 14 witnesses as PWs.1 to 14 and got marked documents as per Ex.P.1 to P.11 and also Material Object No.1.

10. The accused were examined under Section 313 of Cr.PC. After hearing the arguments on both the sides the Special Court framed the points for consideration and passed the impugned order. The Judgment of conviction and order of Sentence has been challenged on the following grounds:-