(Mohan M. Shantanagoudar and R. Subhash Reddy, JJ.)
Raju Kesar Singh Rajput and Another _______________ Appellant(s);
v.
State of Karnataka ________________________________ Respondent.
Criminal Appeal No. 03 of 2020 (Arising out of SLP (Crl) No. 7371 of 2019), decided on January 6, 2020
The Order of the court was delivered by
Order
1. Leave granted.
2. Having considered the material on record and having heard learned counsel for the parties, we find that the material, in so far as the applicability of the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is lacking. At the most, the accused can be convicted and sentenced under Section 323 of the Indian Penal Code.
3. In our considered opinion, the Trial Court as well as the High Court are not justified in convicting and sentencing the accused under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Hence, the judgment convicting the appellants for the said offence stands set aside. However, the appellants’ conviction under Section 323 of the Indian Penal Code stands confirmed.
4. Having heard learned counsel for both the parties on the quantum of sentence, we find that the sentence already undergone by the appellants is just and proper. Hence, they need not be incarcerated any further, for the conviction imposed by us.
5. The appeal is partly allowed in the aforementioned terms.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7371/2019 (Arising out of impugned final judgment and order dated 13-03-2019 in CRLA No. 2823/2010 passed by the High Court of Karnataka Circuit Bench At Dharwad)
Raju Kesar Singh Rajput & Anr.….Petitioner(s)
v.
The State of Karnataka.….Respondent(s)
Date: 06-01-2020 This petition was called on for hearing today.
(Before Mohan M. Shantanagoudar and R. Subhash Reddy, JJ.)
For Petitioner(s) Mr. Sudhanshu S. Choudhari, AOR
For Respondent(s) Mr. Shubranshu Padhi, Adv.
Mr. Ashish Yadav, Adv.
Mr. Rakshit Jain, Adv.
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal is partly allowed in terms of the signed order.
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