K V HUSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a Criminal Revision against a judgment and order of conviction under Section 325 of the Indian Penal Code and sentence of rigorous imprisonment for one year and in default rigorous imprisonment for six months as passed by the learned Chief Judicial Magistrate, Port Blair, subsequently affirmed by the learned Sessions Judge, Andaman & Nicobar Islands, Port Blair in Criminal Appeal No. 18 of 2003.

(2.) It is now well settled that in exercise of its revisional jurisdiction the High Court has the power to call for and examine the records of any proceeding for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order. In other words the jurisdiction is one of supervisory jurisdiction exercised by the High Court to correct the miscarriage of justice. However, such revisional power cannot be equated with the power of an appellate Court nor can it be treated even as a second appellate jurisdiction. It is, therefore, not be appropriate for this Court to re-appreciate the evidence and to come to its own conclusion when such evidence has already been appreciated by the learned Chief Judicial Magistrate as well as by the learned Sessions Judge in appeal, unless any glaring defects is brought to its notice which would otherwise tantamount to gross miscarriage of justice.

(3.) The brief facts of this case are as follows :-