Amar Saran, J. - (1.) SINCE both the above -mentioned cases have been filed against the same judgement, they have been heard together and are being disposed of by this common judgement. However, for convenience, the Government Appeal No. 262 of 2002 shall be the leading case.
(2.) THIS Government Appeal has been preferred by the State against the judgement and order dated 5.9.2001 passed by the Additional District and Sessions Judge, Court No. 10, Kanpur Nagar in S.T. Nos. 225 of 1993 and 1028 of 1996, whereby the learned Judge has acquitted the respondents namely Prabhati Lal Agrawal, Sushil Kumar, Om Prakash Agrawal, Krishna Narain Mishra, Daya Shanker Mishra, Sabhajeet Singh, Ram Krishna Katjyar, Prem Narain Mishra and Hari Narain Mishra of the offence punishable under Sections 147/148/302/149/302/114 IPC. As accused Prem Narain Mishra has died during the pendency of this appeal, the Government Appeal against him was made to abate by an order dated 15.4.2005.
(3.) WE have heard learned Additional Government Advocate for the State, Shri Sushil Shukla, learned Counsel appearing for the informant, Shri Sarvesh, learned Counsel appearing for all the respondents except respondent No. 9 and Shri D.N. Singh, learned Counsel for respondent No. 9.;