The court disposed of Criminal Appeal No. 1105 of 1996 jointly preferred by Radhey Shyam and Kunwar Pal against their conviction and sentence. Since both appellants are reported as dead, the appeal was dismissed due to abatement.
The appeal dismissed as abated due to death of both appellants.
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Court No. - 29
Case :- CRIMINAL APPEAL No. - 1105 of 1996
Appellant :- Radhey Shyam And Another Respondent :- State of U.P. Counsel for Appellant :- R.P. Tripathi Counsel for Respondent :- Govt. Advocate
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
This appeal has been preferred under Section 374 Cr.P.C. jointly by Radhey Shyam and Kunwar Pal against the judgment and order dated 10.7.1996 passed in Session Trial No.159 of 1982 (State Vs. Radhey Shyam and others), under Sections 302/34 and 307/34 I.P.C., Police Station Jasrana (Mainpuri), District Firozabad, whereby the accused-appellants were convicted and sentenced under Section 302/34 IPC for life imprisonment and under Section 307/34 IPC for 10 years R.I.
Both the appellants are reported to be dead as per reports of the Chief Judicial Magistrate, Firozabad on record.
The appeal against appellant no.2-Kunwar Pal had already been abated by the order dated 24.9.2019. Since the appellant no.1 Radhey Shyam is also reported to be dead, the appeal against him also stand abated.
In view of the aforesaid, the appeal is dismissed as abated.
Let the lower court record be sent back to the court concerned.
Order Date :- 21.1.2020 Mini
Radhey Shyam
Kunwar Pal
State of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
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