RAJ PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is before us to examine correctness of the judgment dated 29.03.1985 passed by learned IIIrd Additional Sessions Judge, Kanpur in Sessions Trial No. 409/M of 1984.

(2.) Under the judgment impugned, learned Additional Sessions Judge convicted the accused-appellant Raj Pal for an offence punishable under Section 302/34 Indian Penal Code and sentenced him to undergo imprisonment for life term. By the same judgment, another accused Badlu has been convicted for an offence punishable under Section 302 Indian Penal Code and he too was sentenced to undergo life term imprisonment.

(3.) Before coming to the facts of the case, it would be appropriate to state that being not summoned at the time of admission of the appeal, record of the trial Court is not available. A coordinate Bench of this Court in the year 2017, when the appeal came up for hearing, ordered to call the record but that was not found available despite search. The trial in the matter concluded about 35 years earlier, hence, we too are not inclined to go for further search of the record.