STATE OF HIMACHAL PRADESH Vs. BALAK RAM

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This appeal has been filed by the State against the judgment of acquittal dated 31.7.1997, passed by Sh. Surjit Singh, Sessions Judge, Shimla ( as he then was) in Corruption Case No. 43-S/7 of 95/88 - though in the title of the judgment the description given is as Special Judge, Shimla.

(3.) The core question that needs to be decided in this appeal, at the threshold, is, whether the judgment rendered by Sh. Surjit Singh, as Sessions Judge, Shimla on 31.7.1997, suffers from the vice of Coram non judice If this issue is answered in favour of the appellant, it will not be necessary for us to examine any other aspect on merits. For considering this question, the admitted facts are as follows: