STATE OF U P Vs. UDAIBHAN SINGH

JUDGEMENT

(1.) S. K. Mookerji, J. This appeal has been filed by the State of U. P. against the order and judgment of the VIth Additional Sessions Judge, Azamgarh in Sessions Trial No. 163 of 1976 - State v. Udaibhan Singh and others, dated 23-5-1979,

(2.) BY the above judgment of the Court below the accused Udaibhan Singh and others have been acquitted. Before the trial Court, Udaibhan Singh was charged under Section 307, I. P. C. , and all the other accused including Udaibhan Singh under Sections 147/148/149 and 307, I. P. C.

(3.) THE occurrence took place on 9th January, 1964. After investiga tion, the police submitted the charge- sheet against the accused alongwith one Suresh Singh who died. THE State Government, however, ordered C. I. D. Investigation. THE charge-sheet submitted by the local police was not forward ed to the court of the concerned Magistrate. This Court also refused to issue any writ of mandamus directing the police authorities to submit the charge-sheet. In view of the fresh investigation made by the C. I. D. , the charge-sheet prepared by the local police was cancelled. THEreafter the com plainant filed the complaint (Ext, Ka-2) which gave rise to the above trial. On making enquiry, the Magistrate discharged the accused. THE learned Sessions Judge, however, set-aside the discharge order and directed commitment of the case to the Court of Sessions for trial of the accused. THE accused, thereafter, approached this Court in revision which was dismissed. In pursuance of the above order, the case was committed to the Court of Sessions. THE occurrence took place in 1964 and the above legal battle took 10 years and trial started almost after 10 years.