TRILOCHAN MAL Vs. SRIPATI MAL

JUDGEMENT

(1.) This is an appeal under Sec. 417(3), Cr.P.C, preferred by the complainant and directed against the order of acquittal dated April 11, 1968, passed by Sri S.B. Dutta, Magistrate, First Class, Jangipur.

(2.) The complainant filed a petition of complaint against the Respondents in the Court of the Sub -Divisional Magistrate, Jangipur, making various allegations against the accused persons that they had trespassed into his house and assaulted him with lathi as a result of which he sustained injuries. The learned Magistrate after taking cognizance issued summons and after appearance of the Respondents proceeded with the trial. The prosecution examined seven witnesses to prove the allegations and the learned Magistrate on the evidence of those witnesses framed charges against the Respondents under Ss. 147 and 447 of the I.P.C. and fixed April 11, 1968, as the date for cross -examination of the prosecution witnesses. But, on that date the witnesses examined by the prosecution were not present in Court, and a petition for adjournment was filed by the complainant. It was stated in the petition for adjournment that the witnesses were not present as there was a talk of compromise and that the case might be adjourned either for affording opportunities for making a compromise or for the appearance of the witnesses for their cross -examination. The learned Magistrate rejected the prayer. In the petition for adjournment, it was also mentioned that it was the duty of the Court to take steps to secure the attendance of the witnesses.

(3.) It is urged by the learned lawyer for the Appellant that the order of acquittal under Sec. 258, Cr.P.C, is bad in law inasmuch as there was no finding made by the learned Magistrate that the accused was not guilty and that the order passed is not a proper judgment as no reasons had been given for the decision that the accused be acquitted.