P.V. Nageswara Rao Vs.
State of A.P. & ANR.  INSC 876 (4 May 2009)
JURISDICTION CRIMINAL APPEAL NO.904 OF 2009 (Arising out of SLP(Crl.)
No.2647/2006) P.V. NAGESWARA RAO ...APPELLANT.
VERSUS ORDER Leave
preferred this appeal against an order passed by the High Court. The appellant
was formerly a judicial officer in the State of Andhra Pradesh. The appellant
dealt with a criminal case as Assistant Sessions Judge, Gurazala, Guntur
District and the appellant convicted an accused for the offence punishable
under Section 306 IPC. The accused thereafter preferred an appeal before the
High Court and the learned Single Judge, while disposing of the appeal
preferred by the accused, made certain observations against the appellant
herein. It was held by the learned Single Judge that the appellant herein,
while disposing of the criminal case, relied on an inquest report as
substantive evidence thereby committed a mistake and observed that the appellant
did not know the fundamentals of criminal law and also directed that these
remarks be communicated to the said officer.
-2- Aggrieved by the
same, the appellant preferred this appeal. The appellant points out that he had
not relied on the inquest report as a substantive evidence but relied on P.Ws.1
and 2, who happen to be the inquest witnesses when the inquest report was done
by the police officer. It appears that the contention raised by the appellant
is correct. The learned Single Judge was not fully justified in passing the
said remarks against the appellant in paragraph 17 of the impugned judgment.
The adverse remarks expressed by the learned Single Judge against the appellant
may be treated as expunged from the impugned judgment.
The appeal is allowed