SUDESHPAL Vs. STATE OF U P

JUDGEMENT

(1.) The instant Capital Case No.3359 of 2015, Sudeshpal Vs. State of U.P., Capital Case No.3520 of 2015, Madan Vs. State of U.P. and connected Criminal Appeal No.3519 of 2015 Iswar Vs. State of U.P. and Reference no.09 of 2015 are against the judgment and order of conviction and sentence dated 31.7.2015 in S.T. No.09/05 arising out of case crime no.197 of 2003, under section 148, 449, 302/149, 307/149, 323/149 I.P.C. P.S. Babri, District Muzaffarnagar and in S.T. No.10 of 2005, State Vs. Iswar, arising out of case crime no.204/03, under section 25 Arms Act, P.S. Babri, District Muzaffarnagar. The reference has been sent for confirmation of the death sentence awarded against the appellant Madan and Sudesh Pal. All the three appeals have been preferred challenging the impugned judgment and order dated 31.7.2015 passed by the Additional Sessions Judge, Court No.3, Muzaffarnagar, hence all the appeals were heard and the same are being decided jointly by a common order.

(2.) Mr. Brijesh Sahai and Mr. Ramesh Pundir, learned Advocates, appeared on behalf of appellant, Mr. Akhilesh Singh, Government Advocate and Mr. Mahendra Singh Yadav, learned AGA appeared on behalf of State of U.P.

(3.) We heard learned counsel for the parties of above noted appeals on 22.7.2016, 26.7.2016, 27.7.2016, 28.7.2016, 29.7.2016, 1.8.2016, 3.8.2016 and on 4.8.2016 judgement was reserved. In the meantime, an application was moved on behalf of State with affidavit annexing copies of FIR, Charge-sheet, certified copies of the judgment to take the same on record.