BALKRISHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant, learned counsel appearing for the respondent Nos. 2 to 18 as well as learned Additional Public Prosecutor for the State on I.A. No. 797 of 20017, I.A. No. 1555 of 2017 as well as on the point of admission.

(2.) I.A. No. 797 of 2017 has been filed under Section 5 of the Limitation Act for condonation of delay of 163 days in filing this criminal appeal.

(3.) Learned counsel of the appellant submits that the appellant was informant in Naugachhiya P.S. Case No. 85 of 1989 but in course of trial, neither any notice nor any process was ever served upon him and due to that reason, he could not know about delivery of impugned judgment. It is further submitted that the appellant subsequently came to know about pronouncement of impugned judgment and, thereafter, he obtained certified copy of impugned judgment and preferred the present appeal and that is the reason, there is delay in filing this criminal appeal.