STATE Vs. SADIQ PASHA ALIAS SYED PASHA

JUDGEMENT

(1.) WE have heard the learned Govt Advocate on merits only with a view to ascertain as to whether any useful purpose will be served by retaining this appeal on file.

(2.) MORE than one year has passed since the notice was issued and we must say to the credit of the office of the learned Govt Advocate and the concerned Police, that as a many as nine attempts have been made to trace out the accused and to serve the notice on him. The efforts indicate that the accused is a known anti-social element, the Police have used the word vagabond and that he has no fixed place of residence, that despite diligent enquiries, the police were not able to trace him and that it does appear form the investigations that he has left Bangalore and gone to Bombay Efforts were made through their counterpart but he Bombay Police have not been able to either apprehend the accused or serve notice on him under these circumstances, no useful purpose will be served by retaining the appeal on file.

(3.) THE more important reason why we have taken this decision is because after a careful re-appraisal of the case, we find that the acquittal order on merits does not deserve to be disturbed the principal reasons for these are that at the earliest point of time the injured had not named the accused or implicated him. The complainant contends that he was unconscious for one full week after the incident and in the meanwhile, Ex P-1 statement has been recorded by attributing the assault to unknown persons Apart from this, having regard to the nature of the injuries, even assuming that he accused was convicted, the sentences that would have been awarded to him would have been lesser than the sentence undergone by him in custody as he was set at liberty only after the order of acquittal as he was not released on bail earlier cumulatively therefore, there is no ground on which any further orders are called for in this appeal. The Law Dept ought to have applied its mind to this last, but important aspect, and not directed an appeal. The appeal fails on merits and sands dismissed copy of order to be forwarded to the Law Secy.