2006 (7) TMI 738 - HC - Indian Laws

Acquittal overturned due to witness absence, emphasizing the need for proper procedures and securing essential testimony

State Of Karnataka By Peenya Versus Byrappa @ Byregowda

The accused was acquitted due to the non-examination of the injured witness, leading to a miscarriage of justice. The High Court emphasized the necessity ... - Issues:1. Acquittal of the accused due to non-examination of the injured Smt. Narasamma and the Medical Officer.Analysis:The judgment involves the unfortunate case where the accused, who suspected his wife's fidelity, assaulted her causing severe injuries. The police shifted the injured Smt. Narasamma to the hospital, and a case was registered under Section 307 IPC. However, the accused was acquitted by the X Additional City Civil and Sessions Judge due to the non-examination of the injured witness. The High Court, upon review, found that the injured witness was not produced in court due to being bedridden with severe injuries. The Court noted that the procedure under Section 284 Criminal Procedure Code for examining a witness through a Court-Commissioner was not followed, leading to a miscarriage of justice.The Court emphasized the importance of examining witnesses through a Court-Commissioner when they are unable to attend court due to health conditions. The prosecution's failure to follow the procedure under Section 284 Criminal Procedure Code was highlighted as a crucial factor leading to the acquittal of the accused. The judgment stressed that the ends of justice must be met, even if it requires examining witnesses through alternative means to prevent miscarriage of justice. The Court set aside the acquittal and directed the X Additional City Civil and Sessions Judge to proceed in accordance with the law by either securing the injured witness or examining her through a Court-Commissioner at the prosecution's cost.The judgment highlighted the responsibility of the Trial Courts to ensure that essential witnesses are made available for examination, emphasizing that the real accused should not escape punishment due to witnesses not being produced in court. The Court directed the Trial Courts and the Director of Prosecution to be mindful of this practice to prevent accused individuals from evading justice. The judgment also addressed the custody of the accused, directing the X Additional City Civil and Sessions Judge to secure the accused from the central prison for further proceedings. The fee of the Learned Amicus Curiae was fixed, and the Registrar (Judicial) was instructed to distribute copies of the judgment to relevant authorities for guidance.