Rakshpal vs State of U.P. - 2025 Supreme(All) 2662

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2662

IN THE HIGH COURT OF ALLAHABAD
Vivek Kumar Birla, Syed Qamar Hasan Rizvi, JJ.
Rakshpal – Appellant
Versus
State of U.P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Kundan Singh,A.K.Dikshit, Harish Chandra Tiwari(A.C.)
For the Respondent: D.G.A.,A.G.A.,Sudhir Mehrotra

JUDGMENT :

Vivek Kumar Birla, J.

1. This criminal appeal has been preferred assailing the judgement and order dated 15.11.1983 passed by Additional Sessions Judge, Etah, in Sessions Trial No. 242 of 1983 convicting and sentencing the appellants under section 394 IPC read with section 397 IPC to undergo seven years rigorous imprisonment and under section 460 IPC to undergo sentence of life imprisonment directing all the sentences to run concurrently.

2. By the order dated 18.11.1983 both the appellants were released on bail. As per the office report dated 10.5.2024 based on the report submitted by the Chief Judicial Magistrate, Etah, the appellant no. 2-Jagdish, son of Jaerath Singh has died, therefore, appeal in respect of appellant no. 2 stood abated. The appeal now survives only on behalf of appellant no. 1-Rakshpal, son of Raghuvir Singh.

3. It is pertinent to mention here that co-accused Rameshwar and Menhdi had approached this Court by filing Criminal Appeal No. 2958 of 1983 (Rameshwar and another vs. State of UP). During pendency of appeal appellant no.2 Menhdi therein died, therefore, appeal on his behalf stood abated. In respect of the appellant no.1- Rameshwar therein the appe