Penal Code, 1860–Sec. 302–Code of Criminal Procedure, 1973–Sec. 378–Criminal Jurisprudence–An empty formality of farcical proceedings was undertaken by the trial Court in acquitting the respondent-accused–Neither the Medical Jurist nor the Investigation Officer was summoned–Except the appellant, other prosecution witnesses were relatives of the accused-respondent and they turned hostile–No proper effort was made to summon the appellant–Approach of Presiding Officer in not making a sincere endeavour to summon the material witnesses was atrocious and borders on the fringe of being collusive proceedings–Impugned order set aside and directed for de novo trial.
