Amar Saran, J. - (1.) By our order dated 24-2-2004, we have allowed the appeal and passed the following orders : "Heard Sri Viresh Mishra, learned counsel for the appellants, learned AGA and perused the record. Appeal is allowed. Judgment and order dated 18-11-1981, passed by VI Additional Sessions Judge, Agra in Sessions Trial No. 82 of 1979, is hereby set aside. The appellants are on bail. They need not surrender. Their bail bonds are cancelled and sureties are discharged. Detailed reasons for acquittal of the accused will be given later."
(2.) We now proceed to give our reasons for the said order.
(3.) This appeal was preferred from the judgment dated 18-11-1981 passed by Sri C. P. Singh, VI Additional Sessions Judge, Agra in Sessions Trial No. 82 of 1979, State v. Om Prakash. By this judgment the learned trial Court had convicted the appellants Om Prakash, Ram Prakash and Smt. Premwati to imprisonment for life under Section 302/ 34, I. P. C. As Govind Ram the fourth accused had died during the pendency of the trial, the case had already abated against him.;