(1.) Heard Sri Arun Kumar Pandey, learned AGA assisted by Sri Kamlesh Kumar Nishad, learned brief holder for the State-appellant and Sri Sanjeev Kumar Khare, learned counsel for the accused-respondents.
(2.) The instant Government Appeal has been filed against the judgment and order dtd. 4/9/1985 passed by 4th Addl. Sessions Judge, Hamirpur in Session Trial No. 246 of 1978 (State Vs. Halkey and 3 others) arising out of Case Crime No. 120 of 1978, under Sec. 307 IPC, Case Crime No. 121 of 1978, under Sec. 25 Arms Act and Case Crime No. 122 of 1978, under Sec. 25 Arms Act, by which the accused-respondents have been acquitted of all the charges framed against them.
(3.) During pendency of the said appeal, accused-respondent No. 1 Har Prasad had passed away, as such the instant government appeal qua appellant No. 1 has been abated vide order dtd. 10/12/2021 passed by this Court. Now the appeal survives only in respect of accused-respondent No. 2 Lal Diwan.