Bala Krishna Narayana, Arvind Kumar Mishra, JJ. - (1.) The arguments of this appeal was concluded on 19.09.2016, when, following order was passed by us: Heard Shri Arvind Kumar Dixit, assisted by Shri Raj Bahadur Verma, learned counsels for the appellant, Shri Saghir Ahmad, learned A. G. A. assisted by Sri J. K. Upadhyay, learned A. G. A., Kumari Meena, learned A. G. A. and Mrs. Manju Thakur, Brief Holder appearing for the State. We will give reasons later but we make the operative order now. The appeal is allowed. The impugned judgment and order dated 9.11.2006 passed by the Special Judge, Dacoity Affected Area, Etawah in Special Sessions Trial No. 104 of 2005, arising out of Case Crime No. 25 of 2005; State v. Mahendra alias Guddan convicting the appellant under sections 307/34, 364 A IPC and Sections 25/27 Arms Act and sentencing him to seven years' R.I. coupled with fine of Rs. 1,000/- and in default of payment of fine one year's additional R.I. on the first count and imprisonment for life coupled with fine of Rs. 5000/- and in default of payment of fine, three years' additional R.I. on the second count and three years' R.I. coupled with fine of Rs. 1000/- and in default of payment of fine, one year's additional R.I. on the third count, respectively is hereby set aside. The appellant is acquitted of all the charges framed against him. Appellant is in jail, he shall be released forthwith unless and until he is wanted in any other case. There shall, however, be no order as to cost.
(2.) Here are the reasons.
(3.) By way of instant criminal appeal, challenge has been made by the appellant Mahendra @ Guddan to the judgment and order of conviction dated 9.11.2006, passed by Special Judge (Dacoity Affected Area, Etawah), in Special Sessions Number 104 of 2005 arising out of case crime no.25/2005 and 26/2005, under Sections 307, 364A IPC and 25/27 Arms Act, Police Station Bakewar, District Etawah.;