PRATUL BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Sri Pratul Bhattacharjee, an Office Assistant in the office of the Deputy Commissioner, Sonitpur at Tezpur was acquitted on benefit of doubt by the Additional Chief Judicial Magistrate in G.R. Case No. 3746 of 1981 under Section 5/6 of the Essential Services Maintenance Act. The charge was that Mr. Bhattacharjee was absent from duty on strike on 19th and 21st November, 1981.

(2.) This revision is preferred by Mr. Bhattacharjee for expunging the expression on the benefit of doubt added after the expression accused person is acquitted. Learned counsel Mr. C. Choudhury had taken this court through the judgment dated 25.9.84 of the Additional Chief Judicial Magistrate. The Magistrate came to the findings that Mr. Bhattacharjee absented from office but prosecution failed to establish the reasons of his absence; and that there was no evidence that Mr. Bhattacharjee voluntarily, purposely and intentionally observing the strike that day; and that mere absence from office could not be regarded as absence on strike to attract the provision of Section 5/6 of the Essential Service and Maintenance Act. Therefore, the Magistrate acquitted him.

(3.) Was the expression on the benefit of doubt warranted in the judgment of the Magistrate?