Rakesh Tiwari, J.

Heard Sri D.I. Faridi, learned AGA appearing for the State of U.P.-appellant, Sri N.I. Jafri, learned counsel for the respondent-accused in the aforesaid Government Appeal, Mohd. Irfan, Advocate & Sri Kamal Krishna, learned Senior counsel for the appellant and the learned AGA for the respondent-State in Criminal Appeal No. 1157 of 1983. Perused the record.

2. The aforesaid government appeal under Section 378 Cr.P.C. has been preferred by the State of U.P.-appellant challenging the validity and correctness of the impugned judgment and order dated 11.5.1983 passed by the Ist Addl. Sessions Judge, Rampur in S.T. No. 100 of 1982 (State Versus Badar and others).

3. By the impugned order respondent-accused Badar was not found guilty of the charge under Section 302 read with Section 34 IPC. framed against him and had been acquitted by giving him the benefit of doubt. Appellants-accused Tahir and Mikki Mian were found guilty by the same judgment and order impugned for the offence punishable under Section 302 read with Section 34 IPC and each of them had been convicted and sentenced to undergo imprisonment for life.

4. Connected Criminal Appeal No.1156 of 1983 has been