IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.17 of 2011 The State of Bihar through the Collector, Sheikhpura, P.S. and District-Sheikhpura (Bihar). ………….Appellant. Versus 1. Raju Mandal, son of Late Bholi Mandal. 2. Sita Ram Mandal, Son of Late Bholi Mandal 3. Jugnu Mandal, Son of Late Bholi Mandal 4. Woriya Mandal, Son of Bholi Mandal 5. Bal Mukund Mandal, Son of Arjun Mandal 6. Anuj Mahto @ Dadu Mahto, Son of Ram Khelawan Mahto. 7. Rubi Devi, wife of Raju Mandal 8. Orawa Devi @ Urmila Devi, wife of Sita Ram Mandal All are resident of village-Dariyapur, P.S.-Warsaliganj, District-Nawada. 9. Geeta Devi, wife of Maheshwar Mahto 10. Mahesh Mahto @ Maheshwar Mahto, son of Deo Lal Mahto. 11. Sonu Kumar, Son of Bishwa Nath Mahto All are resident of village-Samas, P.S.-Barbigha, District-Sheikhpura. ……………Respondents. ----------- 5. 15.07.2011 This appeal is barred by limitation. The limitation expired on 11.11.2010 from the date the certified copy was made available to the State. The application was filed on 16.6.2011 for condonation of delay. It is not explained as to how and why the file lay with Public Prosecutor for opinion for almost three months then with the District Magistrate for another month. The opinion was given by the Advocate General’s office in January but still it took six months thereafter, to get the appeal ready and filed. In view of this inordinate delay and un-explained delay, we are not inclined to condone the delay. However, we have heard the learned counsel for the State even though, no leave as contemplated by Section 378 (iii) of the Cr.P.C. has been sought for. We have perused the judgment under appeal. In our view, what the learned counsel for the State submits is if the facts are seen in 2 totality, there is a strong suspicion that the respondents have committed the crime. To this, the answer is simple that however, the suspicion may, it does not take the place of proof. So far as the proof of the respondents committing the murder is concerned, there is not an iota of evidence. No one has seen who committed the offence or how the offence was committed. In our view, the trial court has not committed any error of fact or in law in acquitting the accused persons. For all the reasons aforesaid, we are not inclined to entertain this appeal. This application is dismissed. Sanjeet/ (Navaniti Prasad Singh, J.) (Ashwani Kumar Singh, J.)