BHOLA THAKUR Vs. SARWAN KUMAR THAKUR

JUDGEMENT

(1.) THIS appeal by special leave, filed by the appellant, is directed against the judgment and order of acquittal dated 13.7.1995 passed in Cr Appeal No. 14 of 1990 by the 4th Additional Sessions Judge, Palamau at Daltonganj, whereby the appeal filed by the respondents against their conviction for the offences under Sections 379/34 of the IPC as made by the trial Court, was set aside and they were acquitted from the charges for the said offence. Special Leave for filing this appeal was allowed on 2.11.1995.

(2.) SHRI A.K. Kashyap, Advocate, has appeared for the appellant, while Shri Sudhir Kumar, Advocate, has appeared for the respondents.

(3.) EXPLANATION for two days delay in filing the complaint has been given in the complaint stating that the police had refused to entertain the prompt complaint of the complainant, where -after, due to intervening holidays on the occasion of some Muslim festival, the complaint could be filed on the opening day i.e. on 26.10.1988.