STATE OF U P Vs. ARUN KUMAR PANDEY

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (herein after referred as Cr. P. C.), is directed against the judg ment and order dated 24-09-1993, passed by learned IIIrd Additional Ses sions Judge, Nainital, in Sessions Trial No. 148 of 1991, whereby accused/respondents Arun Kumar Pandey and Akhilanand Pandey, are acquitted of charge of offences punishable under Sections 302 and 307 read with Sec tion 34 of Indian Penal Code, 1860 (herein after referred as I. P. C. ).

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) THE oral and documentary evi dence was put to the accused, as re quired under Section 313 Cr. P. C. to which they alleged the same to be false. It is alleged by accused/re spondents that they have been falsely implicated due to enmity. However, no evidence in defence was adduced. THE trial court after hearing the parties found that charge against the accused/respondents are not proved beyond reasonable doubt and acquitted them. Aggrieved by said judgment and order dated 24-09-1993, passed by IIIrd Additional Sessions Judge, Nainital, this appeal was filed before Allahabad High Court on 20-12- 1993, where it was admitted on 09-08-1999, after granting the leave to appeal. THE ap peal is received by this Court under Section 35 of U. P. Reorganization Act, 2000 (Central Act No. 29 of 2000 ).