Daya Shanker Dubey and Another v. State of U.P.

RESERVED ON: 24.07.2026 DELIVERED ON:16.09.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 1544 of 1984

Daya Shanker Dubey And Another

.....Appellant(s)

	Versus
State of U.P.		.....Respondent(s)
Counsel for Appellant(s)	: Bhavya Sahai, Brijesh Shirish Kumar Dwivedi,	Sahai(Senior Adv.), T.Rathore
Counsel for Respondent(s)	: A.G.A.

Court No. - 90

HON'BLE ABDUL SHAHID, J.

1. Heard learned counsel for the appellants and learned A.G.A. for the State. 2. The learned counsel for the appellant submitted that the alleged incident took place on 14.09.2018 at 12:00 noon, and the F.I.R. was lodged on 14.09.2018 at 2:00 P.M. The appellants have been convicted and sentenced under Section 304 Part I/34 I.P.C. for a period of five years, and under Section 323 I.P.C. for a period of six months. He submitted that P.W.-1 and P.W.-2 are eye-witnesses, while P.W.-4 is the injured witness who turned hostile. He further submitted that the F.I.R. was lodged against Daya Shankar, Onkar Nath, Dev Narain, and Hiramani.

1. The present appeal was filed by Daya Shankar and Onkar Nath. Daya Shankar (appellant No. 1) died during the pendency of the present appeal; hence, the proceedings of the criminal appeal against him stand dismissed as abated.