STATE OF U P Vs. NANKOO

JUDGEMENT

(1.) M. Chaudhary, J This is a Government appeal from judgment and order dated 31st of March, 1981 passed by Vth Additional Sessions Judge, Azamgarh in Sessions Trial No. 71 of 1978, State v. Nanhku & Ors. , acquitting the accused of the charge levelled against them under Section 307 IPC read with Section 34 IPC.

(2.) SINCE accused respondent Nanhku was reported having died the appeal filed against him stood abated vide order dated 27th of May, 2005.

(3.) THE prosecution examined Mahangu (PW 1), Benchai (PW 2) and Bal Raj (PW 3) as eye-witnesses of the occurrence. PW 4 Dr. V. K. Garg who medically examined injured Mahangu proved the injury report. PW 5 Dr. D. P. Khatri in whose supervision chest and left shoulder were X-rayed proved the X-ray plates and X-ray report (Ext. Ka-4 ). PW 6 SI Jai Murti Pandey who investigated the crime proved the police papers.