By the Court.—The arguments of these cases concluded on 16.8.2016. Following order was passed by us on that date:

“Heard Sri Manish Tiwary and Sri A.K. Awasthi, learned counsel for the appellant, learned AGA Sri Saghir Ahmad assisted by Sri J.K. Upadhya, Smt. Manjoo, learned brief holders for the State in Criminal Appeal No. 1995 of 2014.

Learned AGA Sri Saghir Ahmad assisted by Sri J.K. Upadhya, Smt. Manjoo, learned brief holders for the State and Sri Bholeshwar, learned counsel for the accused-respondent in Government Appeal No. 2915 of 2014.

We will give reasons later but we make the operative order now.

2. The appeal is allowed. Impugned judgment and order dated 9.4.2014 passed by Sri Pawan Pratap Singh (H.J.S.), Additional Sessions Judge, Court No. 7, Fatehpur in S.T. No. 222 of 2005 (State v. Daya Ram Kurmi and another) convicting to appellant under Section 302 IPC is hereby set aside. Appellant is acquitted of all the charges framed against him. Appellant is in jail. He shall be released forthwith unless and until he is wanted in any other case.

Government Appeal No. 2915 of 2014 is dismissed.

There shall be however no order as to cost”

Here are the reasons :

3. The