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H.K.SEMA, Y.K.SABHARWAL
Ram Avtar – Appellant
Versus
State of Uttar Pradesh – Respondent


Counsel for the Parties :
For the Appellants :Salman Khurshid, Sr. Advocate,­ Imtiaz Ahmed, Ms. Naghma Ahmed, Yunus Malik, Lakshmi Raman Singh, Advocates.
For the Respondent:Arvind K. Shukla, Rasheed Saeed, Pramood Swarup, Advocates.­

JUDGMENT

Sema, J.—These appeals have been preferred by eight appellants, who had been convicted by the learned VIII Additional Sessions Judge, Fatehgarh which had been confirmed by the High Court. The High Court, while confirming the sentence and conviction of the appellants under Section 302 IPC with the aid of Section 149 IPC and Section 307 IPC with the aid of Section 149 IPC set aside their conviction and sentence under Sections 224 and 225 IPC.

2. During the pendency of the appeals, three accused, namely, Saddan s/o Shri Banni (appellant No. 2), Sonpal s/o Shri Punni (appellant No. 3) and Net Ram s/o Shri Parasad (appellant No. 6) expired. Their appeals, therefore, stand abated. These appeals are survived in respect of Ram Avtar s/o Rohan Lal (appellant No. 1), Shambhu s/o Shri Rohan Lal (appellant No. 4), Shivaji s/o Shri Rohan Lal (appellant No. 5), Nek Ram s/o Fauzdar (appellant No. 7) and Kailash s/o Shri Ram swarup (appellant No.8).

3. In these cases, the accused are related. The complainant group is also related among themselves. Accused Net Ram and Rohan are brothers being the sons of Parasad. Accused Ram Avtar, Shambhu and Shivji are sons of Rohan. Similarly, ac

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