RAMPAL Vs. STATE

JUDGEMENT

(1.) The applicant was prosecuted for offences punishable under Ss. 323, 325 and 452 Indian Penal Code. Ultimately the trial court recorded an order of conviction against the applicant under Ss. 324 and 254 Indian Penal Code . Aggrieved by the order of the trial Magistrate the applicant preferred an appeal. On a consideration of the evidence on record the Sessions Judge was of the view that the prosecution evidence was infirm and not believable. It then proceeded to consider the statement of the applicant recorded under Sec. 313 Code of Criminal Procedure wherein he had stated that he was attacked by the complainant's party. He also wielded lathi in his self -defence. The court below was of the view that the defence version was not supported by any evidence and as such could not be believed. It, however, relied on a part of the statement of the applicant under Sec. 313 Code of Criminal Procedure wherein he had stated that he wielded lathi in his self defence. It dismissed the appeal only on a partial reading of the statement of the applicant under Sec. 313 Code of Criminal Procedure. In other words it was of the view that since the applicant has himself admitted that he wielded lathi the prosecution case was fully established.

(2.) The Sessions Judge has proceeded on a totally erroneous view of law. Once the assessment of the evidence led by the prosecution led him to the conclusion that no case had been made out against the applicant that was end of the matter. He should have recorded an order of acquittal in favour of the applicant as soon as he had reached the said conclusion. Even if the Sessions Judge felt inclined to base his judgment on the statement of the applicant recorded under Sec. 313 Code of Criminal Procedure, then in that case the whole statement should have been believed or disbelieved. It was not proper for the Sessions Judge to dissect the statement and accept a part of it and reject the other part. The course adopted by the Sessions Judge is wholly impermissible in law.

(3.) The result is that this revision succeeds and is hereby allowed. The order of conviction recorded under Ss. 324 and 452 Indian Penal Code is set aside. The applicant is on bail. His bail bonds are discharged and he need not surrender.