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2020 Supreme(All) 560

PANKAJ MITHAL, PRADEEP KUMAR SRIVASTAVA
Jagat Pal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K. Saxena.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard Sri. Sukhveer Singh, Amicus Curiae, for the appellants and Ms. Meena, learned AGA for the State.

2. This criminal appeal has been filed against the impugned judgment dated 23.3.1996 passed by 3rd Additional Sessions Judge, Kanpur Nagar in ST No. 369 of 1992 arising out of Case Crime No. 16 of 1992 under Sections 302, 323, 506 IPC, Police Station Maharajpur, District Kanpur Nagar, by which the accused-appellants namely Jagat Pal, Jhabboo @ Somnath and Prithvi Pal have been convicted for the offence under Sections 302/34 and 323/34 IPC and have been sentenced to undergo life imprisonment for the offence under Section 302 IPC and three months imprisonment under Section 323 IPC with Rs. 500/- fine each and in default additional imprisonment of one month.

3. Vide order dated 22.11.2019 of this Court, criminal appeal has been abated in respect of appellant no. 3 namely Prithvi Pal on account of his death report.

4. Brief facts of this case is that the informant Putti Lal gave a written report on 9.1.1992 at 13:15 PM in respect of criminal incident dated 9.1.1992 at about 4:00 AM in mid night. Ramdhani, nephew of informant, was sleeping on the t

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