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2024 Supreme(All) 1109

RAJIV GUPTA, SURENDRA SINGH I
State of Uttar Pradesh – Appellant
Versus
Rajdeo Singh – Respondent


Advocates Appeared:
For the Appellant : A.G.A., G.D. Mekavi.
For the Respondents: Uttar Kumar Goswami, Pulak Ganguly, Ravi Bhushan Singh, Sharda Chauhan, Praveen Kumar Singh.

JUDGMENT :

(Hon’ble Rajiv Gupta, J.)

1. Heard Shri Jitendra Kumar Jaiswal, learned AGA assisted by Shri Virendra Kumar Shukla, learned counsel for the State/ appellant, Shri Pulak Ganguly, learned counsel assisted by Shri Ravi Bhushan Singh, learned counsel for the accused-respondents and perused the record.

2. This government appeal has been preferred against the judgment and order dated 18.08.1986 passed by Sessions Judge, Ghazipur in Sessions Trial No. 175 of 1986 (State of Uttar Pradesh Vs. Raj Deo Singh and 4 Others), arising out of Case Crime No. 79 of 1985, under Sections 147, 148, 149, 395, 436, 323, 325, 506 IPC, Police Station Sadat, District Ghazipur, by which, the accused-respondents have been acquitted of all the charges framed against them.

3. During the pendency of the said government appeal, accused-respondent nos. 3 and 4 Raj Narain Singh and Ram Ashrey Singh has already passed away and as such, the instant government appeal qua accused-respondent nos. 3 and 4 Raj Narain Singh and Ram Ashrey Singh has been abated vide order dated 19.04.2018 and now, it survives only for accused-respondent nos. 1, 2 and 5, Raj Deo Singh, Vikrama Singh and Radhey Shyam Singh.

4. The p

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