STATE Vs. RAM DEO

JUDGEMENT

(1.) THE present appeal is directed against an order of acquittal of all the three respondents who faced a charge under Section 307, I. P. C. in S. T No. 398 of 1985. The order of acquittal was recorded by learned 1st Additional Sessions Judge, Gorakhpur in S. T No. 398 of 1985 by his order dated 5 -8 -1986.

(2.) AFTER admission of the appeal, reports had come about the death of respondents Ram Deo and Raja Ram. The appeal abated so far they were concerned. The matter was, therefore, heard in respect of respondent -Raj Man only.

(3.) THE appeal was once dismissed in limine by an Honble Single Judge by his order dated 22 -8 -90. The State went up in Criminal Appeal No. 1186 of 1995 together with a Special Leave Petition No. Criminal 1948 of 1994 and the Honble Court remanded the matter with an obser vation that the order of dismissal should have been a reasoned one. There had been a direction to hear the parties and to dis pose of the matter on merits. Accordingly, the present hearing was taken up.