State of Karnataka vs Shashi alias Shishikumar

M.F. Saldanha, J.—We have heard the learned Advocates on both sides. The learned State Public Prosecutor is right when he points out that in a case where the evidence is quite clear and it is supported by the medical evidence that the trial Court was totally wrong in having recorded some perverted reasoning to the effect that merely because the X-ray was not produced, that the injury cannot be said to have been proved, and particularly in a case where nobody had disputed the nature of the injury. The second ground given, viz., that the injured was treated in two hospitals and the record only of the later hospital has been produced is also totally unsustainable. We have no option except to issue a note of caution to the Trial Courts that the High Court will be constrained to take a serious view of the conduct of the Judicial Officers if acquittal orders of this type are passed. It is because of this class of orders that in over 92% of the acquittals the State is required to file an appeal against acquittal and the High Court is required to do the work of the Magistrates and the Sessions Judges. We take it that the caution which we have conveyed will be taken note of and duly acted upon in future.

The Respondent''s learned Advocate did vehemently submit that the order in question does not deserve interference with and secondly that there is no conclusive proof with regard to the nature and gravity of the injury. We are unable to accept these submissions because the evidence is conclusive but the only factor in favour of the accused is that there is no definite evidence with regard to the seriousness of the injury. Under these circumstances, we set aside the order of acquittal, convict the accused of the offence punishable u/s 324 Indian Penal Code and having regard to his status and all other circumstances pointed out on his behalf we direct that he shall pay a fine quantified at Rs. 2,000/- which shall be deposited in the trial Court within a period of 3 months from today. If there is default, trial Court to recover the same and after recovery of the amount the trial Court to issue notice to the injured PW-2 and to pay over the amount to him as compensation. The appeal succeeds to this extent and stands disposed off.