AZAZ HUSSAIN Vs. STATE OF M P

JUDGEMENT

(1.) This revision has been preferred against the judgment dated 11.3.1983, passed by the Judicial Magistrate First Class, Kawardha in Criminal Case No. 185 of 1987 acquitting the non - applicant No. 1 without affording proper opportunity to the prosecution to prove its case.

(2.) The brief facts of the case are: that a challan was filed against the Non -applicant No. 1 for an offence u/s 326 of the I.P.C. on 19/2/1987. The Charge was framed on 6/3/1987 and then the case was listed for prosecution evidence on 10/7/1987. On 10/7/1987, the case was adjourned becausethe summons were not issued to the witnesses. Again the case was fixed for 15/10/1987 and on that date also the case was again adjourned for 15/6/1988 because the summons were not issued by the Court. Again on 25/6/1986 on account of its being holiday the case was taken up next day. On that day, no witness was present and the Court directed for issue of summons to the witnesses and the case was adjourned for 11/8/1988. On that day, three prosecution witnesses were present who were examined and cross-examined and, thereafter, the learned Court closed the case on the same day recorded the statement of the accused person, heard argument and passed the judgment acquitting the accused person. The present revision has been filed against that order.

(3.) I heave heard the parties concerned. The facts show that the Court acted in hot haste and proper opportunity was not given to the prosecution to lead evidence with the result that injustice has crept in. Once the Court thinks it fit to summon the witness then it should be seen that the matter is taking to the logical confusion and prosecution witnesses are examined and if they avoid appearance then coercive method should be used for securing the presence of witnesses. It should not be left on the choice of the prosecuting agencies to examine or not to examine the witnesses. In this case F.I.R. was lodged on 11/2/1987. On 12/2/1987 the injured was sent for hospital for examination. He could not be examine on 12/2/1987, he as medically examined next day and then the case was registered U/S 324 I.P.C.