JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal has been filed by the State against the judgment and order dated 19.01.1984 passed by IInd Additional District & Sessions Judge, Barabanki by which the accused-respondents have been acquitted for the offence under sections 147, 148, 302, 149 I.P.C. in S.T. No. 410 of 1982.

2. Out of five accused persons three accused-respondents, i.e., respondent nos. 1, 2 and 5, namely, Rafiullah, Naimullah, Kalimullah have died during the pendency of the appeal and the appeal on their behalf has already been ordered to be abated by Co-ordinate Bench of this Court vide order dated 19.10.2020. Hence this Court proceed to hear the appeal with respect to accused-respondent nos. 3 and 4, namely, Habibullah and Mohammad Ansar only.

3. The brief facts of the case are that an F.I.R. was lodged by one Haji Fazal-ur-rahman at police station Zaidpur, District Barabanki stating that his brother Misbah-ur-rahman was Chairman of town area Zaidpur. He was having enmity with one Dr. Habiullah and Sajid Ali with respect to election of town area and also with one Naimullah with regard to auction of a house. Rafiullah and Ansar Ahmad also belong to his party. On 30.5.