STATE OF U.P. Vs. RESHMANI

JUDGEMENT

(1.) This Government Appeal No.- 710 of 1985 under Section 378 Cr.P.C. has been filed by the State of U.P. against Reshmani s/o Jogeshwar Prasad (suspended Pharmacist P.H.C., Dalel Nagar, Mirganj, District- Bareilly) against the impugned judgment and order of acquittal dated 1.10.1984 passed by Additional Sessions Judge (Special Judge), Bareilly in criminal appeal no.- 215 of 1984 whereby he has set aside the conviction and sentence of accused-respondent dated 20.6.1984 passed by IInd Asstt. Sessions Judge, Bareilly in S.T. No.- 294 of 1983 under Sections 354 and 376 I.P.C.

(2.) It appears that in Sessions Trial No.-294 of 1983 State of U.P. vs. Reshmani under Sections 354/ 376 I.P.C., P.S.- Mirganj, District- Bareilly, learned IInd Asstt. Sessions Judge, Bareilly vide his judgment and order dated 20.6.1984 convicted and sentenced respondent Reshmani to undergo R.I. for one year under Section 354 I.P.C. and R.I. for five years along with fine of Rs. 200 under Section 376 I.P.C. and in case of default of payment of fine he was directed to further undergo a sentence of six months. Both the sentences were to run concurrently. Against the aforesaid judgment and order of conviction dated 20.6.1984 respondent Reshmani filed criminal appeal no.- 215 of 1984 before the High Court of Judicature at Allahabad. The said appeal was sent back to learned Sessions Judge, Bareilly by the Hon'ble High Court vide its order dated 17.7.1984 for disposal according to law and ultimately, it was transferred to the court of Additional Sessions Judge (Special Judge), Bareilly who vide his impugned judgment and order dated 1.10.1984 allowed the appeal and set aside the order of conviction and sentence dated 20.6.1984 passed against the respondent by learned trial court.

(3.) Learned C.J.M. Bareilly vide his letter dated 26.4.2014 reported that accused Reshmani has retired on 30.4.2013 from P.H.C. Lambua, District- Sultanpur and he is residing at present in village Parsa Mahapatra, P.O.- Katree Bazar, Tehsil- Naugarh, District- Siddharth Nagar (U.P.). Accused Reshmani himself has filed affidavit dated 28.4.2014 before this Court showing his aforesaid present address.