STATE OF RAJASTHAN Vs. IKBAL HUSSEN

JUDGEMENT

(1.) State of Rajasthan question legality of the judgment rendered by a learned Single Judge of the Rajasthan High Court at Jodhpur holding that the trial against the respondent for alleged commission of offences punishable under Sections 279, 337, 338 and 304(A) of the Indian Penal Code, 1860 (in short the IPC, could not be continued indefinitely. The learned Additional Chief Judicial Magistrate, Gulabpura, Bhilwara, Rajasthan directed acquittal of the respondent who was facing trial for alleged commission of aforesaid offences. The alleged incident took place on 28th March, 1995. The trial Court closed the evidence in the light of the decision of this Court in Raj Deo Sharma vs. State of Bihar (1998) 7 SCC 507).

(2.) The High Court as noted above, observed that the trial cannot proceed indefinitely and the trial had not come to an end for a period of six years, and, therefore, learned Additional Chief Judicial Magistrate was justified in closing the evidence and directing acquittal.

(3.) The correctness of the decisions in two Raj Deo Sharmas cases i.e. Raj Deo Sharma vs. State of Bihar (1998) 7 SCC 507) and (1999) 7 SCC 604) and that of "Common Cause" a Registered Society vs. Union of India and Ors (1996) 6 SCC 775) and (1996) 4 SCC 33) was considered by seven-Judge Bench in P. Ramachandra Rao vs. State of Karnataka (2002) 4 SCC 578). In the said case after considering the various decisions it was held as follows: