STATE OF MAHARASHTRA Vs. EKNATH SHANKAR GHOJAGE

JUDGEMENT

(1.) THIS appeal is preferred by the state of maharashtra against the order of acquittal recorded by the Judicial Magistrate, first Class,vadgaon-Maval,on December 31,1988. By the impugned order, the three accused,charged with the offences punishable under section 326,324,504 and 506 read with Section of the Indian Penal code were acquitted.

(2.) THE incident took place on May 25,1987 and the accused were charged-sheeted on June 3, 1987. The charges were framed by the Magistrate on August 10, 1988. The Magistrate acquitted all the accused on two grounds. First, that the evidence of witnesses was not reliable as there was political rivalry between the complainant and the accused. The second ground was that the prosecution did not examine the Investigating officer, with the result that the accused were deprived of the opportunity to bring on record and prove contradiction and omissions. The order of acquittal is under challenge.

(3.) WE fail to find any merit in the appeal. The only grievance made in the appeal is that opportunity ought to have been given to the prosecution to examine Investigating Officer. We do not find any merit in the submission. After the charges were framed by the Magistrate,the trial went on lingering for over a year and the Magistrate points out that inspite of giving opportunity to the prosecution, the Investigating Officer was not brought to the Court. In these circumstances, it is impossible to accept the submission that prosecution was deprived of any opportunity. Even on merits, the Magistrate is right in concluding that the evidence led by the prosecution was interesting as there being political rivalry, it is not safe to rely upon the testimony. Accordingly, appeal is summarily dismissed.