STATE GOVERNMENT Vs. VISHWANATH NIDHANJI

JUDGEMENT

(1.) THIS is an appeal by the state Government under Section 417, Criminal P. C. , against the acquittal of the respondents by the First Additional Sessions Judge, Amravati. All the respondents were tried jointly along with three other persons, Balwantsingh, Kamchandra and Chauthmal. The respondents were charged with offences under Sections 396 and 120-B, I. P. C. whereas the other three persons, were tried for offences under Sections 399 and 120-B, I. P. C. The respondent Champat was also charged with the offence under Section 302, I. P. C. and tried for the same. The Court of Session acquitted the respondents and other three persons of the offences for which they were tried. The State Government has not appealed from the acquittal of the three persons other than the respondents and has confined its appeal to the acquittal of the respondents of the offence under Section 396, I. P. C.

(2.) AFTER the admission of the appeal, this Court ordered issue of notices to the respondents under Section 422, Criminal P. C. Notices were served only on respondents Maroti Dhobi, Gangaram and Champatrao but not on respondent Vishwanath.

(3.) ON 16-2-1953 an application was made on behalf of the State for issue of a proclamation under Section 87, Criminal P. C. , against Vishwanath. On 24-2-1953 this Court passed the following order on the application: Shri W. B. Pendharkar for the State and Shri Kotwal for the pauper accused persons are heard. The application for issue of proclamation is supported by an affidavit. As respondent no. 1 Vishwanath was not found, he could not be arrested and the notice under Section 422, Criminal P. C. , could not also be served on him. We are satisfied that there is reason to believe that he is either absconding or concealing himself so that the warrant may not be executed. Issue proclamation under Section 87, Criminal P. C. , and it be published in the manner laid down in Sub-section (2) of Section 37.