JUDGMENT : 1. In respect of an incident dated 23rd November, 1982, in which one person was murdered, four accused were charged for offence under Sections 302/34, IPC. Two out of them were acquitted by the Sessions Court. Their acquittal has attained finality. The judgment of the Sessions Court was not challenged by the State. The respondents challenged their conviction and sentence by preferring appeal in the High Court of Orissa at Cuttack. By the impugned judgment dated 16th September, 1988 they were also acquitted. The State is in appeal on grant of leave on filing of Special Leave Petition in the year 1988. The Special Leave Petition was filed nearly 14 years earlier. The leave was Order dated November 27, 2002 in Cri. A. Nos. 846-847 of 1994. Granted in the year 1994. 2. The paper-book contains only two judgments-one of Sessions Court and the other the impugned judgment of the High Court. The High court on re-appreciation of the evidence acquitted the respondents herein. Without further appreciation of evidence it is not possible to come to conclusion as to whether the view taken by the High Court is a reasonably possible view or not merely on the reading of the impugned judgment. Despite passage of 14 years since filing of special leave petition and eight years since grant of leave, the State could not find time to file the relevant record. The case has been on the weekly list for considerable time. This state of affairs shows the total apathy of the State in the criminal matters. This is not an isolated case. In a case, namely Criminal Appeal No. 844/1994 [State of U.P. v. Randhir & Ors.] taken up for hearing earlier to the present one, the position was also similar. That case relates to State of U.P. While dismissing that appeal today, we have noticed the state of affairs that exists in such matters and have expressed our anguish in that case as well. 3. After lapse of so many years, it is a total waste of time and money to go on adjourning the case. We have declined prayer for adjournment. If this is the attitude of the State in prosecuting the matters in the highest court, we wonder what would be the position in the courts below. This state of affairs further adds to the percentage of acquittals.
We have declined prayer for adjournment. If this is the attitude of the State in prosecuting the matters in the highest court, we wonder what would be the position in the courts below. This state of affairs further adds to the percentage of acquittals. We hope the State would soon make amends and render proper assistance in prosecuting and conducting such matters. 4. In view of the above, the appeals are dismissed. A copy of this Order shall be sent to the Chief Secretary of the State.