STATE Vs. BABU LAL

JUDGEMENT

(1.) Crl. M.A. No. 17574/2016 (Condonation of delay) We have heard Mr. Varun Goswami, learned Additional Public Prosecutor for the State on this application for condonation of delay. For the reasons stated in the application, the delay in filing the petition is condoned. This application is allowed. CRL.L.P. 598/2016 The instant petition has been filed seeking leave to appeal against the impugned judgment dated 4th March, 2016 as well the order dated 16th March, 2016 on the point of sentence passed in Sessions Case No. 134/01 arising out of FIR No. 398/2012, registered at PS Shahbad Dairy under Sec. 304/323/34 IPC. After investigation, the police filed the charge-sheet for commission of offence under these sections only. The case was committed by an order passed on 21st Feb., 2013 by the court of learned Metropolitan Magistrate for trial by Sessions Court when it was registered as Sessions Case No. 134/01.

(2.) It appears that vide order dated 23rd Feb., 2013, charges under Sec. 302/323/34 Penal Code came to be framed against the respondents, who pleaded not guilty and claimed trial.

(3.) During the pendency of the case before the trial court, accused Bhapi absconded and by an order dated 29th July, 2015 was declared a proclaimed offender. As such the trial proceeded only against Babu Lal/the respondent herein.