2006 (7) TMI 738

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....and also severance of right hand. The "Hoysala Police" headed by P.W. 7-S.C. Narayana, Assistant Sub-Inspector, coming to know of the incident, proceeded near the house of the accused and shifted the injured-Smt. Narasamma to K.C. General Hospital, Bangalore. After first aid, the injured was shifted to Victoria Hospital, Bangalore. P.W. 8-Chandru, Sub-Inspector of Police, on receiving the intimation from the Victoria Hospital, proceeded there and recorded the statement of the injured-Smt. Narasamma and registered a case in Crime No. 605/1999 for the offence Under Section 307 IPC and forwarded the FIR as per Ex.P8 to the jurisdictional Magistrate. After completion of the investigation, filed charge sheet. The Learned X Additional City Civ....

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....s required Under Section 284 Criminal Procedure Code proceeded to render a Judgment of acquittal. 5. It is seen that where it is not possible for a witness to attend the Court, the procedure contemplated is Under Section 284 Criminal Procedure Code to examine the witness by the Court-Commissioner. The said provision is ignored by the prosecution and also by the Court, which has led to miscarriage of justice, hi the present case, Ex.P13-Accident Register Extract shows that the injured-Smt. Narasamma had suffered with the following injuries: 1. Cut lacerated wound over the right leg 8x2,3x2 with bleeding. 2. Cut lacerated wound over the left leg 3x2,3x2 with bleeding. 3. Cut lacerated wound over the right wrist 3....

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....f Section 284 Criminal Procedure Code makes clear that where a witness could not be procured before the Court and that it is so essential to meet the ends of justice, such witness have to be examined through a Commissioner. Sub-section (2) of Section 284 Criminal Procedure Code further makes clear that the expenses have to be meted out by the prosecution. Therefore, on such deposit of the amount towards the expenses of the Commission and the pleader as the case may be, allow such witness to be examined. 7. The question of examining the witness on Commission arises in the case where such a witness is disabled to attend the Court due to hazardous condition of their health or due to old age, not in a position to move about or the witness is....