STATE OF H P Vs. KESAR SINGH

JUDGEMENT

(1.) THE respondents were facing trial under Sections 147,452,323 and 506 red with Section 149 of the Indian Penal Code but they were acquitted precisely on the grounds that the prosecution failed to examine its witnesses despite many opportunities. Thus the acquittal of the respondents has been challenged in this appeal. As a matter of fact the respondents were charge sheeted on 4.2.1997 by the Judicial 1 Whether the reporters of Local Papers may be allowed to see the judgment ? yes Magistrate Ist Class (IV), Shimla, under the aforesaid sections, to which they pleaded not guilty and claimed trial. Thereafter, the matter was fixed for prosecution evidence on 20.5.1997, since then the case lingered on one pretext or the other.

(2.) HOWEVER , on 31.12.1999, the trial court passed the following order:

(3.) IT is apparently clear that the learned Judicial Magistrate had devised a novel method to dispose of the case in a most unwarranted manner, without application of judicial mind, which has scuttled the trial and stultified the access to justice and gave easy exit to the portals of justice. In fact, it was the duty of the trial court, in the given circumstances to have procured the presence of the witnesses, who did not turn up despite their service through bailable warrants and it was within the powers of the Judicial Magistrate having proceeded under section 350 of the Code of Criminal Procedure to compel their presence and take action against the surety, if any, as per the provisions of section 446 of the Code, but by not resorting to these provisions, the trial court was not justified to put a blame on the prosecution to close its evidence, which of course has manifestly caused a miscarriage of justice and further delayed the trial.