LAWS(ALL)-2006-11-48

STATE OF U P Vs. BHANWAR SINGH

Decided On November 17, 2006
STATE OF UTTAR PRADESH Appellant
V/S
BHANWAR SINGH Respondents

JUDGEMENT

(1.) R. C. Deepak, J. This Government Appeal has been filed on behalf of the State of U. P. against the judgment and order dated 31-5-1978 passed by Sri Harish Chandra, Sessions Judge, Etah in Sessions Trial No. 106 of 1977 under Sections 302/34 IPC pertaining to Police Station Jalesar, District Etah whereby the accused Bhanwar Singh and Daulata have been acquitted.

(2.) HEARD Sri M. C. Joshi, learned Additional Government Advocate for the State-appellant, Sri Tufail Hasan and Sri Anurag Pathak, learned Counsel for the accused-respondent Daulata and perused the record.

(3.) THIS Government appeal is an outcome of a shocking conduct of a Sessions Judge in a sessions trial. THIS trial was for a cognizable offence under Section 302 IPC of heinous nature wherein two persons have been brutally murdered. The clumsy conduct exposes the phenomenon and provides an occasion for raising of the eyebrows. Such treatment to a trial of any cognizable offence involving heinousness if allowed to go unnoticed for passage of sufficient length of time since closure of trial, the system of justice is bound to suffer irreparable loss.