RAM BHAROSI Vs. STATE

JUDGEMENT

(1.) The grievance of the learned counsel is that in an occurrence which took place in the year 1979 only one witness has been examined till date. A perusal of the order-sheet shows that the case has a chequered history. The occurrence took place on 21.8.1979. It took a little less than 3 years for the police to file charge-sheet which was submitted on 22.6.82 and that too an incomplete charge-sheet. The complete charge sheet was filed on 7.12.83 and the charges were framed on 27.4.84 which were read over on 15.5.84. witnesses were to be examined on 17.8.84 but the only witness examined till 24.3.86 is Shivcharan whose evidence was recorded on the aforesaid date, and for rest of the evidence the case was adjourned to 25.7.86 and then on scores of dates. For last 51/2 years the dates are being given one after another but the prosecution has not produced any witness. The notices are returned un-served, Six year's period is too long a period for witnesses to be searched out and produce before the court. In fact no opportunity ought to have been given to the prosecution any further in this respect but keeping in view the fact that State has been provided with the last opportunity to produce the witnesses. I deem it proper to direct the trial court to ask the Public Prosecutor to produce all the witnesses within a period of three months from the date of receipt of this order and the case should be completed within four months. The order must be punctually carried out and if the prosecution is not willing to produce the evidence the court shall close the evidence and decide the case in accordance with law. The petition is accordingly disposed of. Petition disposed of.