Om Prakash, J. - (1.) Abbreviations used First Information Report - (FIR) Indian Penal Code - (IPC) Criminal Procedure Code (Cr.P.C.) Recovery Memo ( R.M.) Present reference under Section 366 Cr.P.C. and Capital Case (Appeal) under Section 374 (2) Cr.P.C. have arisen assailing judgment and order dated 10.11.2016 passed by Additional Sessions Judge/Special Judge, E.C. Act, Mirzapur in Session Trial No. 126 of 2011 (State Vs. Sangam Pasi and others); Session Trial No. 129 of 2011 (State Vs. Sangam) and Session Trial No. 130 of 2011 (State Vs. Khunni @ Ram Prasad) convicting and sentencing accused appellants namely Sangam, Puddi Pasi, Sanjay Dubey @ Panda for the offence under Section 302/34 IPC with death punishment and fine of Rs. 25,000/- each and the same will be paid to the informant Smt. Sheela Devi as compensation and in the event of non payment of fine appellants have to go undergo two years' simple imprisonment.
(2.) Vide impugned judgment and order dated 10.11.2016 passed by Additional Sessions Judge/Special Judge, E.C. Act, Mirzapur in S.T. No. 126 of 2011 (State of U. P. Vs. Sangam Pasi and others), S.T. No. 129 of 2011 (State of U.p. Vs. Sangam) and S.T. No. 130 of 2011 (State of U.P. Vs. Khunni alias Ram Prasad) accused Khunni Yadav and Haleem were acquitted of charges under Sections 302/34 IPC and 302 IPC read with Section 120-B IPC and accused appellants Sanjai Dubey @ Panda, Puddi Pasi, Sangam Pasi, Khunni @ Ram Prasad were also acquitted of the charges under Section 3/25/27 Arms Act. Against their acquittal, an appeal on behalf of State, being Government Appeal No. 808 of 2017, has been preferred, which is connected with this Capital Case.
(3.) Prosecution story in nutshell, as unfolded in the written report (Ext. Ka-1), are as follows:;