STATE OF HIMACHAL PRADESH Vs. GIANA

JUDGEMENT

(1.) ACCUSED -respondent Kalu Ram was declared proclaimed offender by the Hon'ble High Court of Himachal Pradesh on dated 22nd October, 2008 under Section 82 Cr.P.C. Proclaimed offender appeared before Hon'ble High Court of Himachal Pradesh on 16th June, 2014. Judgment of conviction against proclaimed offender Kalu Ram announced in Criminal Appeal No. 371 of 2006 was recalled by us vide order dated 17th June, 2014 under Section 482 of the Code of Criminal Procedure, 1973 under inherent power vested in the Hon'ble High Court to secure ends of justice on the concept of audi -alteram -partem.

(2.) PRESENT appeal filed under Section 378 of the Code of Criminal Procedure, 1973 against judgment of acquittal dated 10.8.2006 passed by learned Sessions Judge Chamba Division in Sessions Case No. 31 of 2005, titled State vs. Giana and another relating to FIR No. 11 of 2005 dated 13.03.2005 registered in Police Station Khairi District Chamba H.P. under Sections 376, 511, 341, 506/34 IPC.

(3.) LEARNED Sessions Judge framed the charge against proclaimed offender Kalu Ram under Sections 376/511 IPC and 341/506 read with Section 34 IPC on 5th October, 2005. He denied charges and claimed to be tried.