(1.) Heard Shri Ashish Tiwari, learned AGA for the State- appellant, Shri Mirza Ali Zulfaqar, learned counsel for the surviving accused-respondent nos. 1 & 2- Fajjan Khan and Fazley Ahmad respectively and perused the trial court record.
(2.) The instant government appeal has been filed by the State of U.P. against the impugned judgment and order dtd. 28/1/1988 passed by Sessions Judge, Rampur in Sessions Trial No. 220 of 1986 (State of U.P. Vs. Fajjan Khan and Others), arising out of Case Crime No. 141 of 1985, under Sec. 302 IPC, Police Station Swar, District Rampur, by which the accused- respondent no.1- Fajjan has been acquitted of the charge framed against him under Sec. 302 IPC and further acquitting other accused-respondent nos. 2, 3 & 4- Fazley Ahmad, Bachchan Khan and Umar Shah Khan respectively for the charge framed against them under Sec. 302 read with Sec. 34 IPC.
(3.) Before proceeding with the instant government appeal, it would be germane to point out here that the instant government appeal was earlier dismissed by this Court vide order dtd. 21/4/1992, which is being quoted herein-below:-
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