T. SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by the petitioner challenging the judgment dtd. 21/12/2021 passed by LXXI Additional City Civil & Sessions Judge, Bengaluru City (CCH-72) in Crl.A.No.235/2017 insofar as it relates to directing the Trial Court to re-conduct the trial and dispose off the matter.

(2.) The petitioner was accused No.1 in CC.No.10493/2009 and was tried for the offences punishable under Ss. 498A, 323, 506 R/w 34 of IPC . The Trial Court after considering the oral and documentary evidence convicted the petitioner for the offences punishable under Ss. 498A, 323, 506 R/w 34 of IPC . The petitioner filed an appeal before the Sessions Court. The Sessions Court after considering the material on record noticed that the trial Court had marked wrong exhibits and relying upon such exhibits, had disposed off the case. The Sessions Court while disposing off the appeal observed that "considering this aspect and the arguments adduced by the parties and on the observations made, it is a fit case to remand the trial Court for consideration and to dispose off the case in accordance with law by giving opportunity to both the parties and to make the correction of the document which are marked during the evidence and in the judgment which do no tally with one another." After holding so, shockingly, the Sessions Court held at one breath that the appeal is liable to be dismissed but in the operative portion held that the appeal is liable to be allowed and the case was remitted back to the Trial Court. However, Sessions Court directed the Trial Court to re-conduct the trial and dispose off the matter. It is this portion of the order of the Appellate Court that the petitioner is aggrieved of.

(3.) The learned counsel for petitioner submits that the mistake was in marking the exhibits and the trial in the case was already completed and therefore there is no question of conducting a re-trial.