STATE OF U P Vs. RAJA RAM

JUDGEMENT

(1.) THIS is an appeal by the State against the judgment dated 5-3-1966 of the Judicial Magistrate, Handia, Allahabad, acquitting the accused opposite party, namely, Raja Ram of the charge framed against him for an offence punishable under Section 447 of the Indian Penal Code.

(2.) THE appeal first came up before another Bench of this Court and was disposed of on the 3rd September, 1970. "the judgment disposing of this appeal was subsequently set aside on an application moved on behalf of the accused opposite party stating that the case was listed without the name of the learned Counsel for the accused opposite party and, therefore, the accused opposite party had no information and could not defend himself.

(3.) THE facts are simple. As has been found by the learned Magistrate, Raja Ram constructed a house over an area 23' X 18' at a distance of 45 ft. 7 inches from the southern end of national highway No. 2, or in other words, the Grand Trunk Road between Allahabad and Varanasi to the south of the first furlong stone beyond the milestone showing 475 miles from Calcutta,