- (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 :- On October 01, 1993 at about 10.30 a.m. while the complainant P. Yusuf on his way to attend prayer at Police Masjid reached near the Bus Terminus of Aberdeen Bazar, and found both Maideen and Bal Krishnan were gossiping there. The complainant also joined in gossiping with them. All of a sudden the accused K. V. Hussain, an employee of State Transport Services, came to the spot with an iron rod in his hand and assaulted P. Yusuf with the said iron rod on the back of his head and as the complainant turned back the accused petitioner gave another blow on the left side of his face. The complainant then fell down on the ground when the accused dealt another blow on his back. However, he was somehow saved at the intervention of Bal Krishnan and Maideen. The complainant was immediately removed to the hospital where he made a statement before the police and the same was treated as FIR.;