MADAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals challenge the judgment and order dtd. 22/2/2017, 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 dtd. 31/7/2015 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:

(3.) We have heard Shri Anand Grover, learned Senior Counsel appearing for appellant Madan in Criminal Appeal Nos. 1381-82 of 2017, Shri Manish Kumar Vikkey, learned counsel appearing for appellant Sudesh Pal in Criminal Appeal No. 1790 of 2017 and Shri Brijender Chahar, learned Senior Counsel appearing for respondent-State of Uttar Pradesh.