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2024 Supreme(All) 866

RAJIV GUPTA, SHIV SHANKER PRASAD
State – Appellant
Versus
Nanda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.G.A., B.P. Gupta, Bhagwat Prasad, Prakhar Srivastava, S.N.Mulla
For the Respondent: T. Rathore, Archit Mandhyan, Markanday Singh, Nikhil Kumar, Pramod Kumar Vishwakarma, Rishabh Kumar, S.S. Rathore

JUDGMENT :

Hon. Shiv Shanker Prasad, J.

1. Heard Mr. J.P. Tripathi, learned A.G.A. for the State and Mr. Nikhil Kumar, learned counsel for surviving accused-respondents as well as perused the record.

2. The instant Government Appeal is directed against the judgment and order dated 16th May, 1983 passed in Sessions Trial No. 138 of 1981 (State Vs. Nanda & 3 Others) arising out of Case Crime No. 106/81 of 1981 (71 of 1981), under Sections 324, 307 and 302 of I.P.C., Police Station-Machhali Shahr, District-Jaunpur, whereby the accused Nanda, Ram Siromani, Ram Janak, Ram Lagan have been acquitted of the charges levelled against them as the prosecution has failed to prove its case against the accused beyond reasonable doubt.

3. During the pendency of the instant Government Appeal, one of the accused-respondent, namely, Nanda has already expired and the instant Government Appeal qua accused-respondent Nanda has been abated by this Court vide order dated 6th October, 2021.

4. The prosecution case as borne out from the records of the present government appeal is that on a written report given by the informant/P.W.-1 Ram Murat (Ram Murti Patel) dated 8th July, 1981 (Exhibit-ka/1), first informat

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