HALKAI @ HALKU Vs. MULUA

JUDGEMENT

(1.) NON -applicants 1 to 17 were acquitted by the Addl. Chief Judicial Magistrate, Ganjbasoda in Criminal case No. 1155/77 decided on 12 -12 -83 of the charges under Section 380 and 454 I.P.C framed on 22 -8 -80.

(2.) ON 1 -12 -1983 formal witness Madhosingh (PW 1) was examined, declared 'hostile' by prosecution. The Court refused the prosecution prayer for time to produce remaining witnesses. The Judge recorded an order of acquittal on the ground of want of evidence in support of the charge.

(3.) THE learned Counsel has submitted that the trial Court should have seen to the matter of issue and service of summonses and warrants against the witnesses and should not have penalised the prosecution in the manner he has done. The non -applicants learned Counsel countered by saying that the trial Court had given sufficient opportunity to the prosecution to produce its witnesses and was therefore justified in applying a closure of the prosecution evidence.