STATE OF U.P. Vs. SURAJ SINGH

JUDGEMENT

(1.) This appeal by State under Sec. 378, Criminal Procedure Code is directed against the acquittal rendered by the VIIth Additional Sessions Judge, Kanpur in S.T. No. 349/M of 1978 on 24.4.1978.

(2.) We have heard Sri B:B. Singh the A.G.A. and Sri Pankaj Srivastava, holding brief of Sri A.N. Srivastava for the accused respondent. Since certain conduct of the trial court has been questioned before us, we proceed with the basic facts involved in the appeal.

(3.) A first information report was lodged by one Kalika Prasad Gupta at Police Station Mahrajpur, Kanpur on 4.7.1975 conveying that in the night of 3/4-7-1975 there I was a dacoity at his place by some 10 persons out of which Munna Singh, Ram Kishore and Gajraj Singh were named and the; others were said to be unknown persons. The investigation as usual proceeded taking into the possession of various articles or other pieces of evidence which could obtain during the trial. Ultimately charge-sheet was submitted against Gaj Raj Singh alone who was committed to the court of Sessions by the Metropolitan Magistrate. Pilkhana. Gajraj Singh was, some how, in jail though in all probability he had been granted bail in this case as it appears from the order dated. 15.12.1978 of the A.C.M.M. Pilkhana. The case was committed to the court of Session where it was received in Dec., 1978. The charge was framed against the accused on 4.4.1979 when he pleaded not guilty, on the same day the case was fixed for 23rd and 24th April, 1979 for evidence. The order-sheet dated 4.4.1979 also directed that the prosecution could summon the witnesses.