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(PER: HON'BLE MR. JUSTICE G BASAVARAJA) Victim-Hanumanthappa Bellikatti-PW10, has preferred this appeal against the Judgment and Order of Acquittal dated 29th July 2021 passed in Spl. SC/ST No.35 of 2017 by the I Additional District & Sessions Judge and Special Judge, Haveri (for brevity, hereinafter referred to as the "trial Court").

2. For the sake of convenience, the parties herein are referred to with their status and rank before the trial court.

3. Brief facts leading to this appeal are that the Deputy Superintendent of Police, Shiggaon Sub-Division, Shiggaon, has submitted Charge-sheet against the accused for offences punishable under Sections 447, 427, 436, 504, 506, read with Section 34 of Indian Penal Code and Sections 3(1)(r) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short hereinafter referred to the "SC/ST (PoA) Act".)

4. It is alleged by the prosecution that the complainant and accused are residents of Kelavarakoppa Village. Prior to the present incident, there was another incident in which accused No.1 was illegally transporting kerosene and in that regard, Adur Police caught accused No.1 and conducted mahazar. At that time, the complainant in the present case and family members stood as witnesses and also signatories to the mahazar conducted by the police. In that regard, accused had enmity upon the complainant and his family members. On 6th March 2017, when the complainant and his wife were at the District Hospital, Haveri for treatment of complainant's wife along with their son CW6-Guddappa Bellikatti, the elder son of the complainant and his friend Ravi-CW7 gone to their land in Sy.No.120/03 to flow water to the field. At that time, accused 1 to 4, with criminal intention, have trespassed into the land of the complainant and set fire to the hut and Borewell, due to which, the hut and the agricultural implements like kunti, ranti and Noga and fertilizer & pesticides got completely burnt and thereby caused, loss by mischief. The same was being watched by CWs6 & 7 hiding in the bush nearby. On the next day, i.e. on 7th March 2017 at 8:30 am, when CW6 and daughter of the complainant CW8-Jayamma were at their house, accused 1 and 2 went near the house of the complainant and abused CW6 and 8 in filthy language, taking name of their caste in public, knowing fully well that they belong to Valmiki community and disrespected their caste and also threatened them stating that if CW6 were present at the spot, they would have burnt him alive. Thereby the accused committed the alleged offences.

17. We have examined the materials place before the court. The Investigating Officer has cited 21 witnesses in the charge-sheet. Out of them, fifteen witnesses have been examined as PWs1 to 15 and 17 documents have been marked as Exhibits P1 to 17 and the material object, i.e. a small quantity of ash, marked as MO1. It is the case of the

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prosecution that prior to the present incident, there was another incident in which accused No.1 was caught by Adur Police while the complainant was illegally transporting kerosene and in that regard police conducted mahazar and at that time, the complainant in the present case and family members of the accused stood as witnesses and also signatories to the mahazar conducted by the police. In that regard, accused had enmity upon the complainant and his family members. On 6th March 2017, when the complainant and his wife were in the District Hospital at Haveri for treatment of complainant's wife along with their son CW6-Guddappa Bellikatti, the elder son of the complainant and his friend Ravi-CW7 gone to their land to flow water to the field. At that time, accused 1 to 4 trespassed into the land of the complainant and set fire to the hut and Borewell, due to which, the hut and the agricultural implements kunti, ranti and Noga and fertiliser, pesticides kept in the hut got completely burnt and thereby caused loss. The said act was being watched by CWs6 & 7 hiding in the bush nearby. On the next day i.e. on 7th March 2017 morning when CW6 and daughter of the complainant CW8-Jayamma were at their house, accused 1 and 2 went near the house of the complainant and abused CWs6 and 8 in filthy language, taking

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informed the same to them while they were in hospital at Haveri. On the next day, i.e. on 07th March, 2017, accused again came to the house of the complainant and abused them in filthy language by taking the name of their caste and also threatened that they will kill them. The next day when they came back from Haveri, they were informed by the elders of the village who assured to hold panchayat. Accused did not heed to the advice of the elders of the village. Hence, the complainant lodged complaint with the Police as per Exhibit P1.