STATE OF UTTAR PRADESH Vs. PHOOL MIAN

JUDGEMENT

(1.) This is an appeal by the State against a judgment and order dated 23-9-1988 passed by the Special Judge (Gangsters) Act, Agra whereby the respondents-Phool Mian, Munshi Rameshwar, Harpal Tyagi, Anil Kumar and Kalu Sharma were acquitted of the charge under Ss. 2(b) read with S. 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to as 'the Act').

(2.) During the pendency of the appeal the respondent No. 1-Phool Mian and respondent No. 4-Anil Kumar have died. Therefore, the appeal against them has become infructuous.

(3.) I have heard Sri Syed Mahmood, learned Additional Government Advocate. The three remaining respondents have not appeared and they could not be served with notices nor could they be traced.