Kalimullah Khan, J.: -

We have heard Sri S.N. Tripathi, learned A.G.A. appearing for the appellant-State, and Sri G.R.S. Pal, learned counsel appearing for the respondents-accused. Perused the record.

2. This government appeal is preferred under Section 378 Cr.P.C. on behalf of State of U.P. against the accused-respondents, namely Nawab son of Ashik Husain and Gandhi Rana son of Moti Rana. The appellant challenges the validity and correctness of the impugned judgment and order dated 4.7.1984 passed by Assistant Sessions Judge, Badaun in S.T. No. 59 of 1984.

3. As per report of C.J.M. Badaun, dated 17.4.2012 and order of the Court dated 9.7.2012, accused-respondent no. 2, Gandhi Rana has died during pendency of appeal hence, appeal against him is abated.

4. The accused-respondents were put on trial for the charges under Sections 392/397 and Section 411 I.P.C. by the Police Station-Kotwali, District-Badaun and acquitted by the impugned judgment and order dated 4.7.1984, aforesaid.

5. The prosecution case before the sessions court in brief was that on 25.6.1983 complainant Mohar Singh along with Malik Jalil Ahmad Tonkbala were going to Astana Alia Tonknagla at about 9.00 A.M., two