STATE OF U.P. Vs. RAJA RAM

JUDGEMENT

(1.) This Government Appeal no. 1899 of 1984 has been filed under Section 378 Cr.P.C. by the State of Uttar Pradesh against the accused-respondents Raja Ram, Nanku & Ram Nath, all r/o village Amberpur, P.S. Akbarpur (present P.S. Roora (O.P. Roora), District Kanpur Dehat (Rama Bai Nagar) against the impugned judgment and order dated 6.3.1984 passed by the then Additional Sessions Judge, N.M.A./Nagar Mahapalika Tribunal, Kanpur whereby he has acquitted all the three accused-respondents under Section 302/34 I.P.C. in S.T. No. 405 of 1981.

(2.) During the pendency of this Government Appeal accused Nanaku and Ram Nath have died and, therefore, vide order dated 9.5.2012 appeal filed against them stood abated. This judgment now pertains to accused respondent Raja Ram alone.

(3.) The aforesaid Government Appeal has been preferred on the ground that the impugned judgment and order acquitting the accused-respondents is against the law and facts of the case; that the dying declaration made by the deceased Smt. Usha was wrongly disbelieved by the learned trial court who had erred in holding that the prosecution has failed to prove its case beyond all reasonable doubt and the impugned judgment and order is against the weight of evidence on record, therefore, it is perverse causing miscarriage of justice.