Rakesh Tiwari, J.:-

In S.T. 344 of 1982, three accused persons namely, Jai Prakash, Amar Nath and Chandra Bhushan were tried for the offence punishable under Section 302 /34 IPC. By the impugned judgment and order dated 11.10.1983, Special Judge, Varanasi while convicting accused Jai Prakash and Amar Nath, has acquitted Chandra Bhushan. Aggrieved by the acquittal of Chandra Bhushan, State of U.P. has filed the present Government appeal while complainant of the case has filed Criminal Revision no. 80 of 1984. Since both the appeal and the revision arise out of the same judgment and order, they have been heard together and are being disposed of by this common judgment.

2. Sri Arvind Kumar, Advocate practicing on criminal side for last about 10 years has been appointed as Amicus curiae to represent the case of respondent-accused as none of the Advocates of his choice appointed by him have put in appearance to pursue the case on his behalf.

3. We have heard Sri S.N. Tripathi, learned AGA for the appellant-state in government appeal, Sri C.S. Singh, learned counsel for the revisionist-applicant in criminal revision, Sri Arvind Kumar, Amicus curiae, representing the case of respondent-accus

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