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SANJAY KAROL, PRASHANT KUMAR MISHRA
Om Pal – Appellant
Versus
State of U. P. (Now State Of Uttarakhand) – Respondent
JUDGMENT :
PRASHANT KUMAR MISHRA, J.
1. The present set of Appeals is directed against the common judgment and order dated 29.11.2010 whereby the High Court dismissed the criminal appeals filed by the appellants against their conviction under Section 302 read with Sections 149 and 307 of the Indian Penal Code, 18601 [“IPC”].
2. In the present set of Appeals, Criminal Appeal No.1624 of 2011 is filed by appellants – Om Pal, Narendra and Ranvir; Criminal Appeal No.1613 of 2011 is filed by Dharamvir; and Criminal Appeal No.1614 of 2011 was filed by Inchha Ram, who has passed away during the pendency of the present Appeals. Therefore, Criminal Appeal No.1614 of 2011 preferred by Inchha Ram stands abated and the same is, accordingly, dismissed as such.
A. FACTUAL MATRIX
3. In the present case, two sets of First Information Reports2 [“FIR”] were lodged with regard to the same incident which took place on 19.05.1988.
THE FIRST FIR
4. FIR No.65 dated 20.05.1988 was lodged under Sections 147, 148, 149, 323, 324 and 307 of the IPC from the side of the appellants stating that one Molhar along with his brother Kantu and his sons, Narendra, Om Pal, Inchha, Ranvir and Pardeep were cutting sugar cane and
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