SUDESH PAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present Miscellaneous Application No.1802/2026 has been preferred by the applicant/appellant, one Sudesh Pal, seeking this Court's indulgence to modify the judgment and order dtd. 9/11/2023 in Criminal Appeal No.1790 of 2017 passed by this Court wherein the sentence of imprisonment for life awarded to him by the High Court was confirmed. The said miscellaneous application has been filed by applicant/appellant praying for his release on account of prolonged incarceration, old age and on parity with the co-accused, Madan whose sentence of death penalty was modified by this Court to imprisonment for a fixed term of twenty years and is therefore now released having completed his sentence.

(2.) Briefly stated, the facts of the case are that on 14/10/2003, an FIR No.197 of 2003 was registered based on a written complaint against nine accused including the applicant/appellant herein at Police Station Babri, District Muzaffarnagar, under Ss. 147, 148, 149, 302, 307, 452 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). On 13/7/2005, charges were framed against the applicant/appellant and other co-accused persons by the Sessions Court under Ss. 148, 302/149, 307/149, 323/149 and subsequently, vide judgement and order dtd. 31/7/2015, the applicant/appellant and the co-accused Madan and Ishwar were convicted under Sec. 302 read with Sec. 149 of IPC. The applicant/appellant and co-accused Madan were awarded death penalty a fine of Rs.50,000.00, whereas the third co-accused Ishwar was sentenced to imprisonment for life.

(3.) Aggrieved, the applicant/appellant, co-accused Madan and Ishwar, assailed their convictions and sentences in Capital Case No.3359 of 2015, Capital Case No.3320 of 2015 and Criminal Appeal No.3519 of 2015 respectively before the High Court of Judicature of Allahabad. Vide judgment dtd. 22/2/2017, the appeal filed by the applicant/appellant was partly allowed whereby his sentence of death penalty was converted into imprisonment for life whereas appeal filed by co-accused Madan was dismissed and the sentence of death penalty awarded to him was upheld. The criminal appeal filed by co-accused Ishwar was dismissed and the sentence of imprisonment for life awarded to him was upheld. Aggrieved by the judgment and order dtd. 22/2/2017, the co-accused Madan and the present appellant/applicant, preferred Special Leave Petitions before this Court.