M.C.Jain, J. - (1.) Four accused, namely, Chhotey Panda, Shamsher @ Baba, Ram Chandra and Virendra @ Chhutkannu were tried in Sessions Trial No. 479 of 1980 before the III Additional Sessions Judge, Shahjahanpur and he acquitted them of the charges under section 302 read with Section 34 I.P.C. relating to the murder of one Dr. Avinash Chandra Dhawan. The State has preferred this appeal against such acquittal.
(2.) The accused respondent Chhotey Panda and Ram Chandra died during the pendency of the appeal and the same abated respecting them under order dated 3rd August 2004.
(3.) Presently this Court is concerned with the remaining two accused respondents, namely, Shamsher alias Baba and Virendra @ Chhutkannu.;