STATE OF ASSAM Vs. ABDUL KHALEQUE

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the State being aggrieved by the judgment and order dated 18.05.2001 passed by the learned Sessions Judge, North Lakhimpur in Sessions Case No. 82(NL)/99 acquitting all the six accused-respondents from the charges under Sections 302/149/34 IPC.

(2.) Unfortunately, the learned Public Prosecutor, Assam (for short, the 'P.P') entrusted with the case is found to be absent when the appeal is taken up for hearing. It has become a usual feature that as and when the cases are taken up for hearing, the learned P.Ps. are normally found to be absent. Even when they are present, they are not at all ready with their cases either on one plea or other. As a result, the Court is detained from getting any valuable legal assistance from the end of the learned P.Ps. for which the Court has no other alternative or option but to decide the matter without the help of the P.Ps. This is what exactly happened in this case.

(3.) The challenge against the judgment and order of the learned Judge has been made by the State for acquitting all the six accused persons for allegedly committing murder of one Abdul Malek on 10.5.1998.