M. C. Jain, J. - (1.) -These three matters are connected with each other having arisen out of the judgment and order dated 30th January, 1981, passed by Sri S. N. Lal, the then Ist Additional Sessions Judge, Azamgarh in Sessions Trial No. 317 of 1979.
(2.) THE appellant of Criminal Appeal No. 230 of 1981, namely, Ikram has been convicted under Section 302, I.P.C. and sentenced to life imprisonment. Aggrieved thereby, he has preferred this appeal. The co-accused Abdul Kalam and Abdul Rashid have been acquitted of the charges under Sections 302 and 307, I.P.C, both read with Section 34, I.P.C. and the State has come up in appeal thereagainst through Government Appeal No. 1030 of 1981. Criminal Revision No. 460 of 1981 has been preferred by the complainant of the incident, namely, Abu Saad against the acquittal of the co-accused Abdul Kalam and Abdul Rashid named above.
(3.) WE propose to decide all the three matters through this common judgment. We should also place it on record that the criminal revision was filed by the complainant through Sri I. A. Khan, advocate but none appeared for him at the time of hearing. From the side of the State arguments have been advanced by Mr. R. S. Sengar, A.G.A. whereas the Sri G. S. Chaturvedi, learned senior advocate has argued the represented criminal appeal on behalf of Ikram as also on behalf of the accused respondents Abdul Kalam and Abdul Rashid in Government Appeal. A.G.A. and Sri Chaturvedi have been heard in Criminal Revision too. The record is before us which we have carefully perused.;