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2023 Supreme(SC) 122

B. R. GAVAI, VIKRAM NATH
Ajai Alias Ajju – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sanjay Kumar Tyagi, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Rishi Malhotra, AOR
For the Respondent(s): Mr. Rameshwar Prasad Goyal, AOR Mr. Brijender Chahar,Sr. Adv. Mr. Sarvesh Singh Baghel, AOR Mr. Karan Chahar, Adv. Ms. Pooja Chahar, Adv.

Judgement Key Points

The information provided indicates that Braj Pal Singh became an accused likely due to his involvement in the incident or his connection to the events surrounding it. Since he was the one who made the initial complaint and reached the scene where Vijay Pal Singh and his wife were found injured, it suggests that he was directly or indirectly implicated in the circumstances of the case. His role as a complainant and witness, combined with the fact that he is listed as an accused, implies that the investigation or subsequent proceedings identified him as having some involvement or responsibility related to the incident (!) .


JUDGMENT :

VIKRAM NATH, J.

Criminal Appeals No.598-600 of 2013 have been preferred by accused Ajai alias Ajju, Braj Pal and Ravi respectively. Ajai alias Ajju has since died, as reported by the learned counsel for both the sides. Accordingly, Criminal Appeal No.598 of 2013 stands abated. Criminal Appeal No.337 of 2014 has been preferred by accused Mukesh.

2. The above appeals assail the correctness of the judgment and order of the High Court dated 22.02.2012 whereby the conviction recorded by the Trial Court under section 302/149 of the Indian Penal Code1[IPC] and other allied offences, both under the IPC as also the Arms Act, 1959 has been affirmed. However, sentence awarding death penalty by the Trial Court has been commuted to life sentence for all the accused. Rest of the sentences have been maintained.

3. Criminal Appeal Nos.745-748 of 2015 have been preferred by the State of Uttar Pradesh against the above referred common judgment of the High Court to enhance the punishment to all the four respondents and award them death sentence.

4. Prosecution story in brief is that Braj Pal Singh (one of the accused) made a complaint to the police station at Muradnagar, District Ghaziabad at a


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