1. This is an appeal by the State under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the Code) challenging the order of acquittal passed by Shri M.K. Saini. Judicial Magistrate First Class. Burhanpur on 12.2.1999 in Criminal Case No. 384 of 1996.

2. The charge-sheet as per Section 173 of the Code was submitted by the police on 17.4.1996. Charge under Section 324 IPC was framed on 2.11.1996 against accused Ganesh for voluntarily causing hurt to Bhaulal by a sharp weapon. He pleaded not guilty. The case was t1xed for evidence on 10.2.1997 and the Magistrate directed that the summons be issued to the prosecution witnesses. The same order was repeated on 10.2.1997. 13.5.1997, 20.10.1997 and 21.7.1998 as the summons were not issued. The summons were issued for the first time on 11.1.1999. The case was fixed on 12.2.1999 for evidence. On that date live prosecution witnesses including complainant Bhaulal were present. The case was taken up at 4.55 p.m. The learned defence counsel submitted that it would not be possible for the Court to record evidence on that day. The prosecutor submitted an application requesting the Court to record the evi