GH MOHI-UD-DIN KHAN Vs. GULLA CHAK

JUDGEMENT

(1.) THIS is a revision of the complainant against order of acquittal dated 16.1.2003 recorded by Judicial Magistrate Tangmarg. In a case for commission of the offences under sections 326 and 342 RPC, instituted on police report, the accused/respondents 1 to 4 were tried and acquitted by the trial court on the failure of the prosecution to prove the case to the hilt by leading cogent evidence. During the trial the prosecution had failed to examine some of the witnesses like Doctor who had examined the injured. The contention of the Ld. counsel for the petitioner is that the Ld. trial court ought to have exercised power under Section 540 Cr.P.C. and examined the left out witnesses so as to do complete justice to the case. It is not the case of the petitioner that evidence led in the case has not been properly appreciated by the Ld. trial court.

(2.) THE sole question raised in the revision petition is thus whether the trial court should have exercised its power under Section 540 Cr. P.C. and summoned and examined the witnesses not produced by the prosecution during trial of the case.

(3.) AGAINST the acquittal of the accused the State has not filed any appeal. It is only the complainant who by his revision, is challenging the acquittal on the aforesaid ground. It is also an admitted fact that none of the parties ever made any request before the trial court for invoking the powers under Section 540 Cr.P.C. The Ld. trial court as such has not considered the question whether the powers under Section 540 Cr.P.C. required to be invoked. In this background it has to be seen whether the trial court ought to have exercised the said power. Section 540 reads: