PRITINKER DIWAKER,J. - (1.) As these two appeals arise out of common judgement and order dated 16.07.2018 passed by Additional Sessions Judge, Court No. 3, Mirzapur in Sessions Trial No. 90 of 2004, under Section 302/34 of I.P.C., they are being disposed of by this common order.
(2.) State and complainant, both have assailed the impugned acquittal judgement in Government Appeal (Defective) No. 154 of 2019 and in Criminal Misc. Application u/s 372 Cr.P.C. (Leave To Appeal) No. 337 of 2018 but since last two dates, no one is appearing for the complainant. As the state is espousing the cause of complainant also, we proceed to decide both the appeals together.
(3.) State appeal is barred by 346 days. Considering the larger interest of justice and for the reasons mentioned in the application, the delay in filing the appeal is condoned and State counsel is heard on admission.;