STATE OF UTTAR PRADESH Vs. HIRDAI NARAIN

JUDGEMENT

(1.) We have heard Ms. Meera Tripathi, learned A.G.A. for the State-appellant and have also perused the records available before us.

(2.) By means of the present government appeal, the State seeks to assail the judgment and order dtd. 11/3/1987, passed by the learned IXth Additional Session Judge, Lucknow in Sessions Trial Nos.472 of 1984, arising out of Crime No.135 of 1984, under Sec. 307 I.P.C., Police Station, Alambagh, District Lucknow, whereby the learned trial Court has acquitted the accused-respondents, Phool Chand and Hirdaya Narain of the charges under Ss. 307 read with 34 I.P.C.

(3.) From a perusal of record, it transpires that the instant government appeal was filed against two respondents, namely, Hirdaya Narain and Phool Chand. However, the respondent, Phool Chand has died during the pendency of this appeal. The instant appeal in respect of respondent, Phool Chand has already been abated vide order dtd. 22/8/2022. Therefore, the appeal survives only with regard to the respondent, Hirdaya Narain.