NAGOOR KANNI NADURA Vs. SITHU NAICK

JUDGEMENT

(1.) THIS case is not of much actual importance and this Court will not ordinarily interfere to set aside acquittals in petty assaults. But it raises a point of law of some interest. Can an Appellate Court in order to test the substance of the evidence forming part of the judgment in a case under Section 264, Criminal Procedure Code, call for such material as may exist outside the record, such as notes of evidence taken by the Presiding Magistrate as in the present case? Considering that Section 264, Criminal Procedure Code, clearly lays down that the judgment shall be the only record in such cases, it must be held that such additional matter cannot be called for or consulted. The Appellate Court therefore has based its decision upon irrelevant matter; but, in the present case, there is no reason to interfere.