Attack on Dalits in Tumakuru: Karnataka HC reverses acquittal, convicts 9

Bengaluru: The high court has reversed the acquittal order passed by the trial court in the 15-year-old case of an attack on Dalits in Dundu village in Turuvekere taluk of Tumakuru. Allowing the appeal filed by complainant Lakshmamma, the high court has convicted D R Sudeep and 9 other accused.

The incident had taken place on August 14, 2008, when upper caste persons barged into the Dalit colony in the village and, referring to their caste, abused and assaulted complainant Lakshmamma and others with clubs and stones, causing bleeding injuries. The prosecution case was that the accused were enraged that the victims had gone to the police to file a complaint against Sudeep in connection with a civil dispute.

The police had filed a charge sheet against 11 persons. On June 23, 2011, the trial court at Tumakuru acquitted them stating that the prosecution had failed to prove the case. Though the Dandinashivara Police did not challenge the acquittal order, complainant Lakshmamma moved an appeal. The complainant had contended that the trial court's order suffers from serious error as the evidence on record was not properly assessed.

Justice J M Khazi noted that except for stating that the prosecution case is doubtful, the trial judge had not examined the testimony of injured/eyewitnesses and given reasons as to why he would not believe their evidence.

“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. Certainly, there is a non-consideration of evidence placed on record. There is also a palpable misreading of evidence and consequently, the conclusions arrived at by the trial court is perverse,” the court said.

The nine accused have been sentenced to one-year imprisonment each and also asked to pay a Rs 3,000 fine each for offences under Sections 3(1) (x) and 3(1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In addition, they were held guilty and imposed sentences and fine amounts for offences punishable under IPC sections 143, 147, 148, 323, and 324 read with section 149. The case against one of the accused stood abated as he died during the pendency of the appeal.