- (1.) HEARD the Learned Government Advocate for leave to appeal against acquittal of the respondent recorded by the Learned Additional Ses sions Judge, Kheri vide his judgment dated 25-3-1991.
(2.) IT was submitted that even though the prosecution failed to adduce sufficient evidence to warrant finding of conviction against respondent yet the Court itself failed to compel the presence of the wit nesses on exercising its power under Sec tion 320, Cr. P. C. On perusing the record and hear ing the Learned Government Advocate, we are not inclined to sustain his view point because perusal of the judgment reveals that the prosecution examined two eye- witnesses neither of whom supported its case and thereafter no application was moved before the Court to seek procure ment of any other witnesses. As a matter of a fact, the prosecution itself closed its evidence and had the Court ventured into finding out any possible evidence on its own, it might have compromised its impar tiality. There is no gain saying that Court is not supposed to act as the prosecutor. No merit, hence dismissed. Petition dismissed. .;