M. MURTAZA HUSAIN, J.

( 1 ) THIS application under Section 482 Cr. P. C. (new) has been filed by the State of U. P. for expunging certain remarks and observations made by Sri N. C. Jain, III Addl. Sessions Judge, Lakhimpur Kheri while disposing of two connected Sessions Trials, namely Nos. A-247 of 1974 and A-417 of 1974 through his judgment dated 16-8-77.

( 2 ) FOUR persons, namely Asa Ram, Babu, Raja Ram and Danna stood their trials before the learned Sessions Judge in the aforesaid cases. The first named three persons faced their trial under Section 395 I. P. C. whereas the fourth one namely Danna stood his trial under Section 412 I. P. C, A sub-Inspector of Police namely, Sri L. K. Nigam had investigated the crime which had given rise to those cases. In spite of repeated efforts made by the learned Sessions Judge attendance of S. I. L. K. Nigam could not be procured and the case was decided without recording his evidence. A panel Lawyer of Lakhimpur Kheri namely Sri Rajendra Singh conducted the case before the learned Sessions Judge on behalf of the prosecution.

( 3 ) THE learned Judge found the case not proved against the four accused and acquitted them through his impugned or

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