Vinod Prasad, J. - (1.) Aggrieved by the judgment and order of acquittal of accused respondents passed by IV Additional Session's Judge, Mainpuri, on 21.2.1981 in Session's Trial No. 368 of 1980, State v. Ram Bilas, Ram Avtar and Ram Bahadur, for offences under Section 302/34, Police Station Kishni, District Mainpuri, the State has approached this Court in the instant appeal.
(2.) Out of the three accused respondents, Ram Bilas and Ram Bahadur died during the pendency of the appeal in the Court and the same abated against them under order dated 26.7.2005 and it now survives only against accused respondents Ram Avtar.
(3.) The prosecution allegations were that Ram Bilas (father of accused Ram Avtar), informant Sri Kishan and P.W. 3 Suresh were the residents of village Kutupur under Police Station Kishni, District Mainpuri. Suresh, originally a resident of village Dikhiyana District Kanpur, was a teacher in village Hasanpura district Farrukhabad. The accused Ram Bahadur was a friend of accused Ram bilas and was a resident of village Chakain, which was at a distance of four miles from Kutupur.;