STATE OF BIHAR Vs. RAM BILAS JHA

JUDGEMENT

(1.) THE appeal filed on behalf of the Government is against the judgment dated 16th January, 1988 passed by the 3rd Additional Sessions Judge, Madhubani in Sessions Trial No. 29/1986/28/1986 whereby the accused-respondent was acquitted. By the same judgment, four other accused persons who were convicted under Section 395 of the Indian Penal Code were sentenced to undergo Rigorous Imprisonment for ten years. THE appeal is only to the extent of acquittal of sole respondent Ram Bilas Jha. Notice was issued to sole respondent and when he did not appear then warrant of arrest was issued and the Officer-in-Charge of Bahadurpur police station reported that the warrantee is absconding since long and he is residing somewhere in connection with his livelihood, hence warrant was returned. THE only option appears in this appeal is that an adverse order cannot be passed in absence of accused-respondent. We have gone through the judgment and other materials on record and also heard learned counsel appearing for the appellant. THE learned counsel for the appellant has placed all the facts. On perusal of the judgment and after considering the argument of learned counsel appearing on behalf of the State (appellant), we are of the view that the Court has properly appreciated the evidence and has considered the plea of alibi of respondent which was verified by the Investigating Officer and has acquitted the accused-respondent Ram Bilas Jha. THE order of acquittal of accused-respondent is correct and needs no interference by this Court. In the result, we find no merit in the Government Appeal and is accordingly dismissed.