JUDGMENT :

The arguments of this case concluded on 3.4.2018. We then passed the following order :

Heard Sri V. P. Srivastava, learned counsel for the appellant assisted by Sri Saghir Ahmad and Sri J. K. Upadhyay, learned A.G.A. for the State. We are making the operative order here and now. We will give reasons later.

The appeal is allowed. The impugned judgement and order dated 23.12.2010 passed by Additional District and Session Judge, Court No. 4, Ballia in S.T. Nos. 263 of 2008 and 281 of 2008 is hereby set-aside. The appellant is acquitted of all the charges. He is in jail. He shall be released forthwith unless he is wanted in some other case subject to his complying with the provisions of Section 437-A of Cr.P.C.

The parties shall bear their own costs.

Here are the reasons :

1. This appeal has been preferred by appellant-Jata Shanker Yadav against the judgment and order dated 23.12.2010 passed by Additional District and Sessions Judge, Court No. 4, Ballia in S.T. No. 263 of 2008 (State vs. Jata Shanker Yadav) and S.T. No. 281 of 2008 (State vs. Jata Shanker Yadav) convicting and sentencing the appellant for imprisonment of life and a fine of Rs. 5000/-and in default of payment of fi