K JAYACHANDRAN Vs. O NARGEESE

JUDGEMENT

(1.) In this is petition filed under S 482 of the Code of Criminal Procedure (for short 'the Code') the petitioner is the accused who was prosecuted in ST No.1401 of 1984 before the Judicial First Class Magistrate, Quilon in a private complaint for offences punishable under S.279 and 338 of the Indian Penal Code,

(2.) Both the offences are triable as Summons Case. Procedure for trial of Summons Cases is provided in Chap.20 of the Code. Particulars of the offence will have to be stated and the plea of the accused recorded. Then the prosecution evidence and defence evidence will have to be recorded. Acquittal or conviction must follow. These are also offences triable in a summary way as provided in Chap.21. Procedure is the same as in summons trial except (1) no sentence of imprisonment exceeding three months shall be imposed on conviction (2) the particulars including the plea, the finding and the sentence or final order shall be entered in a register, and (3) substance of the evidence and brief reasons for the finding alone need be recorded.

(3.) Though the case was taken to file as an S.T. the Magistrate recorded the evidence of witnesses in full in chief, cross and re-examinations and not merely a summary as provided in the case of summary trials in S.264. Five witnesses were examined for the prosecution and thereafter the accused was questioned under S.313. Two defence witnesses were then examined. The case was then heard and posted for judgment. Before pronouncing the judgment the Magistrate was transferred. The successor also heard the case and posted the same for judgment to 28-8-1986. On that day instead of pronouncing the judgment the Magistrate passed the following order:-