State Of Chhattisgarh vs Videshi Chauhan

This appeal has been preferred by the State against the judgment and order of acquittal dated 13/10/2009 passed by the Chief Judicial Magistrate, Raigarh, (C.G.) in Criminal Case No.1413/2008, whereby the Learned Chief Judicial Magistrate has acquitted the Respondent/ accused of the charges punishable under Sections 34(1)(A) of the Chhattisgarh Excise Act.

Learned Counsel appearing for the Appellant/State submits that the trial Court has acquitted the Respondent/accused only on the ground for want of prosecution evidence. Learned Counsel further submits that though on some occasions summons were issued to the witnesses, the trial Court did not try to find out whether service of those summons on the witnesses were effected or not. The trial Court has also not made any serious effort for securing appearance of prosecution witnesses before it and acquitted the Respondent/accused by giving him benefit of doubt. Therefore, the acquittal is not proper on the ground of non-examination of any of the prosecution witnesses.

Supporting the impugned judgment of the trial Court, Learned Counsel appearing for the Respondent/accused submits that since sufficient opportunity has already been given to the prosecution by the trial Court for production of their witnesses, the trial Court has rightly acquitted the Respondent/accused on failure of examination of prosecution witnesses.

I have heard Learned Counsel appearing for the parties and perused the material available on record of the trial Court minutely.

On perusal of the record of the trial Court, it appears that the charges were framed on 21/11/2008, thereafter, the trial Court has fixed the case for prosecution evidence on ten occasions, out of which only on three occasions, summons were issued to the witnesses but trial Court did not bother to find out whether service of those summons were effected or not nor did it issue any other process like bailable warrant to secure the presence of the witnesses. Suddenly, on 13/10/2009, the trial Court closed the prosecution evidence and passed the judgment of acquittal giving benefit of doubt to the Respondent/accused.

Since the trial Court did not make serious efforts for securing appearance of the witnesses before it, the matter is remitted back to it for affording reasonable opportunity to the prosecution for production of witnesses. Respondent/accused is directed to remain present before the trial Court on 12/04/2022. As the matter is pending since 2008, the trial Court is also directed to decide the matter as early as possible preferably within a period of six months from the date of receipt of a copy of this judgment. Record of the trial Court be sent back along with a copy of this judgment immediately.

With the aforesaid directions, the acquittal appeal is disposed of.