- (1.) This criminal appeal under Section 378, Cr. P.C. has been filed against six accused, namely, 1. Sotam @ Totan, 2. Dina Nath, 3. Makkhu, 4. Bachcha, 5. Daljit and 6. Khaderu against the impugned judgment and order dated 19.5.1981, passed by learned IV Additional Sessions Judge, Varanasi, in Sessions Trial No. 317 of 1980, State v. Sotam @ Totan, Crime No. 84 of 1980 under Sections 147, 148, 149, 302, 324 and 323, I.P.C., P.S. Rohania, District Varanasi, whereby learned trial court has acquitted all the aforesaid accused.
(2.) The impugned judgment and order has been challenged on the ground that it is against the law and facts of the case. The judgment being perverse has caused miscarriage of justice.
(3.) During pendency of this criminal appeal, accused Sotam @ Totan had died, as a result of which, appeal against him has stood abated, vide order dated 16.11.2005, therefore this judgment now pertains to rest five accused respondents.;