SURESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) CONSIDERING the fact that both these appeals have been admitted and both sides have agreed that the appeals may be heard and disposed of, we have decided to take up the appeals for hearing and decision.

(2.) WE have heard Mr. Baxi S.R.P. Sinha, learned Senior Counsel, and Mr. Sumeet Kumar Singh, learned Counsel, appearing for the appellants. Heard also Mr. G.P. Jaiswal and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State.

(3.) WITHOUT entering into the merit of the conviction of the appellants, what attracts our attention, most prominently, is that P.W.1 and P.W.3 are the two witnesses, whose evidence have become substantially foundation for conviction of the appellants. Out of these two witnesses, P.W.1 was examined, at the trial, on 15.04.2005, as a witness. Though the learned counsel for the accused was present, at the trial, on 15.04.2005, an adjournment was sought and allowed on payment of Rs.50/ - (Fifty). On 27.04.2005, while P.W.1 and the accused were present in the trial Court, the counsel for the accused did not appear and P.W.1 was, therefore, not cross - examined. This apart, no petition was filed by defence seeking time to cross -examine P.W.1 and, hence, P.W.1 was discharged.