SANT LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In complaint case no.1725 of 2003, Sant Lal v. Ram Avtar and others, the judgment and order of acquittal was rendered by learned Special Judicial Magistrate, Dehradun on 17.9.2003. The basis of recording the acquittal of all the accused persons was that complainant Sant Lal (PW1) and his witness Hari Kishan (PW2) were only examined u/s 244 Cr.P.C. but after levelling of the Charge against the accused persons, they were not produced for the purpose of cross-examination. Hence, their testimony was not relied upon by the learned Magistrate. Besides, the sole evidence of PW3 Bhoop Singh was not sufficient, in the opinion of the court below, to attribute the guilt upon the accused persons.

(2.) Learned counsel for the appellant has argued that on 8.1.2003, accused persons did not press their application which was pending to call the complainant and his witness Hari Kishan for the purpose of cross-examination. So, that application was, accordingly, rejected by the learned Trial Magistrate.

(3.) After rejection of such application, complainant himself moved an application under section 311 Cr.P.C. on that very date, i.e. on 8.1.2003, with the prayer that