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1988 (8) TMI 411 - SC - Indian LawsChallenging the order of acquittal recorded by the Allahabad High Court Held that:- The post crime conduct of the accused cannot also be lost sight of. The plea of alibi has not been pursued. It has been proved that the accused was not available in the town after the occurrence till 34 November 1977. It is on record that the accused could not be traced and proceedings under sec. 82/83 Cr. Penal Code were initiated. The warrant of arrest issued against the accused returned unserved. There-after proclamation was made and his property was attached. That was on 23 November 1977. He appeared on the next day in the Police Station Kotwali. That has been proved by the general diary entry (Ex.Ka. 22) of the said Police Station. It may be noted that the investigation in this case was conducted without loss of time. Since the murder was committed at a public place where the Sub-Divisional magistrate and Tehsildar were present, the Investigating Officer must have been keen to arrest the accused immediately. That was perhaps the reason why he took proceedings under sec. 82/83 Cr.P.C. We must really appreciate the proper and prompt investigation made in this case. We have given our anxious consideration to all material facts and circumstances of the case. It seems to us, that the decision of the High Court cannot be supported.
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