STATE OF U. P. Vs. MAUZAM BANJARA

JUDGEMENT

(1.) This is an appeal by the State of U. P. against the order of acquittal passed by the Sub-Divisional Magistrate, Gonda, acquitting the respondent, Mauzam Banjara, of the offence punishable under Sec. 25 Arms Act.

(2.) As appears on the document the Assistant Public Prosecutor submitted the charge-sheet to the court on 23-4-1971 and it was put up before the Sub-Divisional Magistrate on 20th or 22nd of May, 1971, 11-6-1971 was then fixed for the appearance of the accused. The accused, Mauzam Banjara, appeared before the court on that date. It was after a few adjournments that the statement of the accused was recorded on 29-10-1971 and a charge under Sec. 25 Arms Act was framed. 18-11-1971 was then fixed for recording prosecution evidence. On that date no witness was present and 28-11-1971 was fixed for the prosecution evidence. It is also mentioned the order sheet that the complainant was absent. It was further ordered that P. Ws. 1 to 3 be summoned and the Assistant Public Prosecutor informed about it.

(3.) On 29-11-1971 when the case was taken up the Presiding Officer was on tour and 20-12-1971 was fixed for the prosecution evidence and Assistant Public Prosecutor was to be informed accordingly. On 20-12-1971 no prosecution witness was present in court and 8-1-1972 was fixed for prosecution evidence. P. Ws. 1 to 3 were to be produced and Assistant Public Prosecutor o be informed accordingly.