ITIUTPPIRI Vs. BHAVID KATHANAR

JUDGEMENT

(1.) This appeal, by special leave under S.417(3) Cr. P. C. is by a private complainant in C. C. No. 203 of 1970 of the First Class Magistrate's Court, Devicolam. That complaint was against 14 accused persons. After trial those accused persons were convicted under S.143, 147, 148, 454, 427 and 380 IPC. read with S.149 IPC. and they were sentenced to fine and various terms of imprisonment. As against the convictions and sentences those accused persons preferred an appeal No. 33 of 1972 to the Sessions Court, Kottayam. The Additional Sessions Judge acquitted the accused of all the offences setting aside the convictions and sentences. It is against that acquittal that the present criminal appeal Is filed.

(2.) The main complaint of the petitioner is that the learned Additional Sessions Judge, who disposed of the appeal, did not judicially consider the case of the petitioner, though the case was argued at great length before him. It is also stated that after the arguments were over, both sides handed over the notes of their arguments to the learned Judge, and on verification of those notes of arguments with the judgment which the learned Additional Sessions Judge pronounced, it is seen that a major part of the judgment is a verbatim copy of the notes of argument furnished on behalf of the accused persons. That shows that the learned Judge did not judicially consider the arguments of either side to come to a conclusion independently. Verbatim copying by a Judge in his judgment, of the notes of arguments furnished to him, is highly deprecated The judgment has to be written after hearing both sides by the present Additional Sessions Judge, Kottayam, to whom the records will be sent.

(3.) In the result, the judgment of the Additional Sessions Judge in Crl. Appeal No. 33 of 1972 dated 6-9-1972 is set aside. The records of the appeal will be sent back to the Additional Sessions Judge, Kottayam, for fresh disposal in accordance with law after hearing both sides.