(1.) Heard Sri Purshottam Upadhyaya, learned A.G.A for the State, Sri S.K. Tripathi assisted by Sri Abhinav Trivedi, learned counsel for the sole surviving accused respondent no. 2 - Santosh Kumar and perused the record.
(2.) The instant Government Appeal under Sec. 378 Cr.P.C. seeks to challenge the judgment and order dtd. 19/12/1983 passed by Vith Addl. Sessions Judge, Mainpuri in Sessions Trial No. 46 of 1983 (State Vs. Parag Singh and others) arising out of Case Crime No. 329 of 1982, Police Station- Bewar, District- Mainpuri, whereby the accused-respondent Nos. 1 to 4 have been acquitted of the charges under Ss. 302 read with Sec. 34 IPC and Sec. 307 read with Sec. 34 IPC.
(3.) During the pendency of this Government Appeal before this Court, accused-respondent No. 1 Parag Singh had passed away and, therefore, the instant appeal qua the Respondent No. 1- Parag Singh has been abated by this Court vide order dtd. 3/2/2012. Consequently, accused-respondent Nos. 3 and 4 Brij Kishore and Rakesh Kumar had also passed away and therefore, the instant appeal qua Brij Kishore and Rakesh Kumar has already been abated by this Court vide order dtd. 12/5/2023.