STATE Vs. MAHABOOB PASHA

JUDGEMENT

(1.) WE had directed that Cri. R. P. No. 1051 of 2002 be listed along with this criminal appeal as it is directed against the same order. We have heard the learned Advocate in support of this revision petition. It is true that he has pointed out several irregularities that were committed in the course of the trial, but in our considered view, none of these are serious enough to really vitiate the proceedings. However, we accept his submission to the extent that the record does indicate that the order of acquittal was unjustified. However, since under sub-section (3) of Section 401 of the Cr. P. C. this Court cannot convert the order of acquittal into one of conviction in a revision petition, we are inclined to pass necessary orders in the main appeal, i. e. , Cri. A. No. 39 of 2003, which is filed by the State.

(2.) ON a review of the record, we hold that there is sufficient evidence oral as well as medical to bring the charge against all the seven accused. We had afforded them an opportunity of being heard, but, we had also indicated in our order on the last date of hearing that the Court will dispose of the appeal today. Though nobody has represented them, we have very carefully perused the record and examined all the aspects of the case that could be argued in their favour. These include the fact that the prosecution has not explained the injuries on the three accused, though the injuries are all minor in nature. The trial Court has held this circumstance as fatal to the prosecution, but, law on the point is otherwise, insofar as, even though the prosecution is normally required to explain the injuries on the accused, if the injuries are relatively minor, and if the prosecution case can sustain itself de hors these infirmities, then, it cannot be treated as being fatal to the prosecution case. The other contention is that there is some background of hostility between the parties and that there is absolutely no independent evidence. In this case, independent evidence would hardly be forthcoming, but the prosecution evidence on record is of sufficient caliber and is good enough to establish the charge.

(3.) IN modification of the order passed by the Trial Court, the accused are hereby convicted of the offence punishable under Section 324 read with section 34 of the IPC. They are directed to pay a fine quantified at Rs. 1,000/-each. The fine amount to be deposited in the Trial Court within 12 weeks from today, in default, the Trial Court to issue notice to the accused and to recover the fine amount from them. After recovery, the whole of the amount be paid to P. W. 2, who has sustained injuries of some consequence as and by way of compensation. Both, the appeal and the revision petition succeed to this extent and stand disposed of. The bail bonds of the accused, if any, stand cancelled.