VISHWANATH N. Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) In these two revision petitions a common question of law as to the legality, correctioness and propriety of the order passed by the J.M.F.C., Tiptur, arises for consideration. They have been heard simultaneously and are therefore proposed to be disposed of by a common order.

(2.) Cr.R.P. No. 373/1979 is directed against the order dated 2-7-1979 passed by the J.M.F.C, Tiptur, under S. 250, Crimial P.C. in C.C. No. 296/1978 whereby he has directed the complainant Beluraiah (P.W. 1) to pay Rs. 100 as compensation to the accused for having filed complaint against them before the police Cr.R.P. No. 374/1979 is directed against similar order passed by the said Magistrate, on the same day, in C.C. No. 273/1978 and directing the complainant Govindappa (P.W. 1) to pay a fine of Rs. 100.

(3.) The cases arise like this. On 30-4-1978, at about 6.30 p.m., there was some stone pelting incident, on the road in Kalkere village resulting in some commotion. On the complaints of Beluriah and Govindappa, two cases were registered by the police and after investigating into the same, two separate charge-sheets were sent to the Court against the person named as the accused in the cases. The learned Magistrate, on considering the statement of the witnesses and material documents relied upon by the pro-section in both the cases, framed charges for the offences disclosed against the accused and proceeded with the trial end recorded the evidence of the witnesses examined on behalf of the prosecution in both the cases. On full dress trial of the case and on appreciation of the evidence the learned Magistrate disbelieved the version of the incident given by the witnesses in the two cases and acquitted the accused in both of them. While making the order of acquittal he being of the opinion that the complaints filed by the two complainants were false and it resulted in unnecessary trouble to the accused, he directed the complainants in each case to pay a fine of Rs. 100 to the accused. It is the correctness of the said order made by the Magistrate in these cases that is sought to be challenged in these revision petitions.