Kalimullah Khan, J.: -

We have heard Sri R.Y. Pandey, learned A.G.A. appearing for the appellant-State, and Sri V.M. Zaidi assisted by Sri D.N. Yadav, learned counsel appearing for the respondents-accused. Perused the record.

2. As per report of C.J.M. Ghazipur and order of the Court dated 18.9.2003, accused respondent no. 3, namely Kuber Yadav has died and therefore appeal against him stands abated.

3. This government appeal has been filed under Section 378 Cr.P.C. by State of U.P. against the accused, (1) Rajnath (2) Lachhman Yadav both sons of Kuber Yadav, and accused no. 3, Kuber Yadav son of Jauhar, all R/O Sauna (Arare) P.S.- Saidpur, District- Ghazipur, challenging the impugned judgment and order of acquittal dated 23.12.1981, passed by Ist Addl. Sessions Judge, Ghazipur in Sessions Trial No. 77 of 1981, on the ground that the judgment is against the law and facts of the case, and the learned trial court has not followed the settled principles of appraisal of evidence while appreciating the evidence of witnesses on record and thereby miscarriage of justice has occurred.

4. Parashuram son of Jauhar Yadav, R/O Village-Sauna (Arare), P.S.- Saidpur, District-Ghazipur, lodged