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2023 Supreme(SC) 1119

B. R. GAVAI, B. V. NAGARATHNA, PRASHANT KUMAR MISHRA
Madan – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Sunita Sharma, AOR Mr. Himashu Mehra, Adv. Mr. Hanom Singh, Adv. Mr. Anand Grover, Sr. Adv. Mr. Aarif Ali, adv. Ms. Harini Raghupathy, Adv. Mr. Mohd. Irshad Hanif, AOR Mr. Pankaj Tiwari, Adv. Mr. Rohin Bhatt, Adv. Mr. Paras Nath, Adv. Mr.Mujahid Ahmad, Adv. Mohd. Ehatsham Rao, adv. Ms. Shreya Rastogi, Adv. Mrs. Shamim Irshad, Adv.
For the Respondent(s): Mr. Brijinder Chahar, Sr. Adv. Dr. Vijendra Singh, AOR Mr. Vishwa Pal Singh, Adv. Mr. Deepak Goel, Adv. Ms. Apoorva Singh, Adv. Mr. Vinod Dixit, Adv. Ms. Alka Goyal, Adv. Mr. Shashank Gusain, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. These appeals challenge the judgment and order dated 22nd February 2017, passed by the Division Bench of the High Court of Judicature at Allahabad in Capital Case Nos. 3359 and 3520 of 2015 with Reference No. 9 of 2015 and Criminal Appeal No. 3519 of 2015, thereby dismissing the appeals filed by appellant Madan and another accused Ishwar; whereas, it allowed in part, the appeal filed by appellant Sudesh Pal. By the said judgment, the High Court confirmed the judgment and order of conviction and sentence dated 31st July 2015 passed by the Court of Additional Sessions Judge, Court No. 3, Muzzaffarnagar (hereinafter referred to as “trial court”) in Sessions Case No. 09/2005 with Sessions Case No. 838 of 2005 and 10/2005, in respect of appellant-Madan, while commuting the sentence of capital punishment to life imprisonment in respect of appellant-Sudesh Pal.

2. Shorn of details, the facts leading to the present appeals are as under:

    2.1 The First Information Report (“FIR” for short) was lodged on a written report given by informant Lokendra (PW-1), on 14th October 2003 at P.S. Babri, District Muzzafarnagar, which was registered as Crime No. 197 of 2003, for of


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