- (1.) This is a defective government appeal which, as per Stamp Reporter's report dated 29.11.2007, has been filed with a delay of 1399 days beyond the period of limitation. An application under Section 5 of Limitation Act has been filed with prayer to condone the delay.
(2.) Heard learned A.G.A. appearing on behalf of the State and Shri G.S. Chaturvedi and Shri L.K. Dwivedi, learned counsels appearing for the respondents, on the delay condonation application. In the interest of justice we have also heard Shri Dileep Kumar assisted by Shri A.K. Dwivedi, Shri Ravindra Sharma and Shri D.K. Singh, representing the victim/ complainant. Perused the records.
(3.) Learned AGA has submitted that the impugned judgment acquitting all the seven accused/ respondents was passed on 28.8.2003. It was a case of broad day light murder. All the 7 accused persons were named in the F.I.R. Many of them had criminal antecedents. There was eye witness account of the occurrence by the witnesses. However, the court below acquitted all the accused persons by the impugned judgment dated 28.8.2003. He has next submitted that the State decided to file an appeal against the aforesaid judgment. The limitation period for filing the appeal was up to 13.12.2003. On 29.11.2003 the District Magistrate sent a proposal to the State Government for filing the appeal. On 1.12.2003 proposal for appeal was produced before the Review Officer. On the same day i.e. on 1.12.2003, the Review Officer sent the record before the Special Secretary and Legal Remembrancer for opinion. On 3.11.2003 the Special Secretary (Judicial) and Legal Remembrancer sent their opinion. However, as one of the accused persons Vijay Mishra was an M.L.A. of the then ruling party/Samajwadi Party, who had sent a letter to the Chief Minister with prayer not to file an appeal in the matter, the government sent the record to the office of Advocate General on 9.12.2003, seeking his further opinion. The Advocate General gave his opinion after expiry of period of limitation of not filing appeal on 5.3.2004.;