ORDER :

Order on Impleadment Application No.10 of 2020

1. Heard Sri Dinesh Kumar Yadav, learned counsel for the appellant, Sri Ajay Kumar Pandey, learned counsel for accused respondents and learned A.G.A. for the State.

2. As per the death certificate annexed as Annexure No.1 to the affidavit filed in support of the impleadment application the appellant-Raj Narayan Singh son of Late Hardutt died on 20.12.2018. By this application, the son of the deceased appellant namely Yashwant Singh is seeking impleadment as appellant in place of Raj Narayan Singh to prosecute the present criminal appeal. The affidavit filed in support of the present impleadment application was sworned by him on 18.11.2019 and the present application was filed on 17.01.2020. In effect this is an application for substitution of Yashwant Singh son of Late Raj Narayan Singh, who was appellant in the present appeal. Obviously, this application was not filed immediately after death of the appellant.

3. At this stage, it would be relevant to take note of Sections 372 and 394 Cr.P.C. which are quoted as under:-

"Section 372:-No appeal to lie, unless otherwise provided. No appeal shall lie from any judgment or order of a