( 1 ) THIS Government Appeal has been filed by the State from the judgment and order dated 15th of December, 1981 passed by Assistant Sessions Judge, Ghazipur in Sessions Trial No. 59 of 1980 State v. Parasu Ram Yadav and Ors. acquitting the accused of the charge levelled against them under Sections 307 and 323 each read with Section 34 IPC.

( 2 ) SINCE accused respondents Parasu Ram Yadav and Sheo Nath were reported having died the appeal against them stood abated vide order dated 13th of October, 2003.

( 3 ) BRIEF facts giving rise to this appeal are that at 10:30 a. m. on 10th of May, 1978 Dhruv narayan Singh lodged an FIR at police station Nandganj, District Ghazipur alleging that at about 9:00 a. m. that very morning his cousin Gantti Singh went to see his mango grove and found parasu Ram Yadav plucking the raw mangoes with the help of lathi; that then Gantti Singh asked him not to pluck the mangoes and that in the meanwhile Parasu Ram alongwith Poojan, Sheo nath and Bali Ram started giving him lathi blows. Hearing the shrieks of Gantti Singh his cousin dhruv Narayan Singh rushed for his rescue and then Parasu Ram and Poojan also gave him lathi blows. The said