JUDGMENT :

OM PRAKASH-VII, J.

1. This appeal against acquittal by appellant State is directed against the impugned judgment and order dated 22.4.1985 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Jalaun at Orai in S.T. No. 143 of 1980 (State vs. Narendra Singh and Another), P.S. Kotwali Orai, district Jalaun by which the accused respondents have been acquitted of the charges under Sections 302/34, 302 IPC.

2. At the very outset, it is very relevant to mention here that during pendency of Appeal, accused respondent No. 2 Ramesh has died. Accordingly, by the order dated 27.11.2021, this Court passed order directing abatement of Government Appeal as against the accused respondent no. 2.

3. Now, we are proceeding to consider the government appeal in respect of rest of the accused respondent i.e. Narendra Singh.

4. Brief facts of the case, in nutshell, are that informant and his brother Bhanu Pratap Singh had gone to the Court on 16.7.1980 for taking certified copy of certain judgment. At about 02.00 - 02.15 p.m. after finishing their court work they were going towards Orai market. Near the Orai Jhansi Bus Stand at the gate of Kutchahri they were joined by Taqdir Singh, Bal R