STATE OF U P Vs. DINESH ALIAS BHUTTU

JUDGEMENT

(1.) THE instant Govt. Appeal is directed against the the impugned judgment and order dated 27.7.2002 of acquittal passed in Sessions Trial No. 652 of 1998, - State Vs. Subhas alias Kalia and another, connected with Sessions Trial No. 708 of 1998 -State Vs. Dinesh @ Bhattu, arising out of case crime no. 101 of 1998 Police Station Sherkot district Bijnor, under Sections 302/34 I.P.C. and case crime no. 103 of 1998 under Section 25 Arms Act.

(2.) RELEVANT to mention that both the aforesaid crime numbers/offences relate to one and the same incidence, both the aforesaid sessions trials were clubbed together and decided by common judgment by the trial court.

(3.) AT the very outset, it is pertinent to mention that during the pendency of the trial, accused Subhash alias Kaliya has died, and case against him stood abated vide order dated 15.12.2001 by the trial court itself.