IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.2 of 2011 THE STATE OF BIHAR THROUGH THE COLLECTOR, DARBHANGA AT COLLECTORATE CAMPUS, P.S. LAHERIA SARAI, DISTRICT – DARBHANGA. …………… APPELLANT. Versus RAM SHRAWAN SAH @ FUDDI SAH, SON OF PANCHAM SAH, RESIDENT OF VILLAGE – KATASA, P.S. SINGHWARA, DISTRICT – DARBHANGA. …………… RESPONDENT. ----------- 02/ 17.01.2011 I.A. No. 79 of 2011 This application has been filed in Govt. Appeal No. 02 of 2011 for condoning 32 days delay in filing the Govt. Appeal against the judgment of acquittal passed by 3rd Additional Sessions Judge, Darbhanga in Sessions Trial No. 307 of 2008. By the impugned judgment sole respondent Ram Shrawan Sah @ Fuddi Sah has been acquitted of the charge under Section 302/201 of the Indian Penal Code. In the detail judgment written by the trial court evidence of each and every prosecution witnesses has been discussed. 9 witnesses were examined and none of them have claimed to have witnesses the occurrence. They did not even see sole accused in the company of the deceased. There is no evidence at all which could have indicated any connection of the accused with the alleged occurrence. This was a case in which even trial should not have proceeded but it continued and finally a judgment of acquittal was passed. In 2 such a case how a govt. appeal has been preferred by the State is a matter of surprise. A frivolous trial, which has ended up in acquittal is being challenged by the state, this is a matter of concern. We are of the view that a valuable time of the trial court was wasted on this trial. Similarly the time of High Court has also been wasted. The State in future should be more careful while examining the record of any case for preferring any appeal against the acquittal. This appeal is dismissed. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)