RADHEY SHYAM AND OTHERS Vs. STATE OF U.P.
LAWS(ALL)-2011-12-438
HIGH COURT OF ALLAHABAD
Decided on December 25,2011

Radhey Shyam and others Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Amar Saran, J. - (1.) Heard learned Counsel for the appellants and learned Additional Government Advocate.
(2.) A prayer for bail has been made in this criminal appeal, which has been filed against a judgment and order dated 11.11.2010 passed by the Additional Sessions Judge/FTC No. 1, Kannauj convicting and sentencing the appellants to life imprisonment under section 412 Indian Penal Code in ST No. 11 of 1996.
(3.) It is submitted by the learned Counsel for the appellants that in the present case the appellants have been acquitted under section 396 Indian Penal Code and only convicted under section 412 Indian Penal Code and sentenced to imprisonment for life. It is further submitted that the appellants may not have the knowledge that the truck in which they are travelling was a looted property after commission of the offence. The contents of the FIR lodged by the injured Surendra Singh cannot be read as they do not relate to the death of the injured, who died sub-sequently and could not be examined. There was thus no legal evidence to establish the identity of the appellants as the persons who have committed this offence.;


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