SURESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri B.P. Singh Dhakray, learned counsel assisted by Sri Manoj Kumar Gupta, Sri Kartikay Singh and Sri Shakti Singh, learned counsel for the appellants, Sri Atul Tiwari and Sri Anuj Dayal, learned counsel for the complainant and Sri Arunendra, AGA for the State and perused the record.

(2.) The aforesaid criminal appeal arises out of judgment and order dtd. 8/10/1886 passed by IIIrd Additional Sessions Judge, Unnao, in S.T. No. 479 of 1984 wherein the applicant has been convicted and sentenced to undergo life imprisonment u/s 302 r/w 34 of Indian Penal Code (in short IPC) and five years of rigorous imprisonment u/ r/w 34 I.P.C. It has been further been provided that both the sentences shall run concurrently.

(3.) During the pendency of the appeal, appellant no.1 Suresh and appellant no. 2 Awadhesh have died, therefore, the appeal stands abated on their behalf by means of order dtd. 7/1/2026. Thus, the appeal survives on the behalf of appellant no. 3, Rakesh and appellant no. 4, Santosh. Prosecution Case in Nutshell: