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SANGEETA CHANDRA, AJAI KUMAR SRIVASTAVA I
State of Uttar Pradesh – Appellant
Versus
Ishaq – Respondent
JUDGMENT :
Sangeeta Chandra, J.
1. Heard Shri Pawan Kumar Mishra, learned A.G.A.-I for the State-appellant, Shri S. Malik-E-Ashtar Rizvi, learned counsel for the respondent nos.1 and 3 and perused the material available on record.
2. By means of the present government appeal, after seeking leave to appeal under Section 378 (3) of Cr.P.C., the State has assailed the impugned judgment and order dated 13.04.1993 passed by IInd Additional Sessions Judge, Barabanki in Sessions Trial No.120 of 1989 as well as Sessions Trial No.29 of 1991, under Sections 147 and 302/149 of the Indian Penal Code [hereinafter referred to as “I.P.C.”], Police Station Mawai, District Barabanki, whereby the accused/ respondents were acquitted of the charges under Sections 147 and 302/149 I.P.C.
3. From a perusal of record, it transpires that the instant Government Appeal was filed against six accused-respondents, namely, Ishaq, Ishtiaq, Rahan, Nasiuddin, Saleem and Ishtiaq Khan, out of which, respondent nos.2, 4, 5 and 6, namely, Istiaq, Nasiruddin, Saleem and Ishtiaq Khan, have died. The instant appeal in respect of respondent nos., 2, 4, 5 and 6 has already been abated. Therefore, the appeal survives only with r
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