STATE OF BIHAR Vs. DURGA PD SAHA

JUDGEMENT

(1.) This Govt. appeal against acquittal of respondents, namely, Durga Pd. Saha, Lalit Chandra Shaha and Rajesh Kumar Saha, along with a petition under Section 5 of the Limitation Act (hereinafter referred to as 'the Act') with a prayer to condone the delay in filing this appeal has been filed by the State of Bihar.

(2.) It appears that respondent No. 1 Durga Pd. Saha was tried for offences under Sections 376, 302, and 201 I. P. C. and respondents 2 and 3, namely, Lalit Chandra Saha and Rajesh Kumar Saha, were tried for the offences under Section 201 I. P. C. only in Sessions Trial No. 296/82. On consideration and appreciation of the evidences on record, learned trial Court, i.e., Sri Kashi Nath Roy, 6th Additional Sessions Judge, Bhagalpur, finding that the prosecution miserably failed to prove and establish the charges against the aforesaid respondents found them not guilty and acquitted them for the above charges.

(3.) Leave for filing this Govt. appeal was granted vide order dated 16-8-1988 condoning delay in filing the same subject to the objections, if any, that may be taken by the respondents at the subsequent stage after they appear in appeal. Now, as the respondents have raised objections as to filing of this appeal after a delay of 183 days, i.e., six months and three days, we have heard Mr. Yogesh Chandra Verma learned Sr. Counsel for the respondents and Mr. Lala Kailash Bihari Prasad learned A. P. P. for the appellant-State of Bihar.