State of U.P. vs Prag Singh - 2025 Supreme(All) 3131

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2025 Supreme(All) 3131

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJIV GUPTA, SUBHASH CHANDRA SHARMA
State of U.P. – Appellant
Versus
Prag Singh – Respondent

Advocates Appeared:
For the Appellant : A.G.A., Kamal Krishna.
For the Respondents: A.C. Chaturvedi, J.S. Kashyap, P.S. Jadon, S.K. Tripathi, Shashi Prakash Sharma, Sushil Kumar, Sushil Kumar Singh, Vijendra Singh.

JUDGMENT :

Rajiv Gupta, J.

1. Heard Sri Purshottam Upadhyaya, learned A.G.A for the State, Sri S.K. Tripathi assisted by Sri Abhinav Trivedi, learned counsel for the sole surviving accused respondent no. 2 - Santosh Kumar and perused the record.

2. The instant Government Appeal under Section 378 Cr.P.C. seeks to challenge the judgment and order dated 19.12.1983 passed by Vith Addl. Sessions Judge, Mainpuri in Sessions Trial No. 46 of 1983 ( State Vs. Parag Singh and others ) arising out of Case Crime No. 329 of 1982, Police Station- Bewar, District- Mainpuri, whereby the accused-respondent Nos. 1 to 4 have been acquitted of the charges under Sections 302 read with Section 34 IPC and Section 307 read with Section 34 IPC.

3. During the pendency of this Government Appeal before this Court, accused-respondent No. 1 Parag Singh had passed away and, therefore, the instant appeal qua the Respondent No. 1- Parag Singh has been abated by this Court vide order dated 3.2.2012. Consequently, accused-respondent Nos. 3 and 4 Brij Kishore and Rakesh Kumar had also passed away and therefore, the instant appeal qua Brij Kishore and Rakesh Kumar has already been abated by this Court vide order dated 12.