RAM AVTAR Vs. STATE OF UTTAR PRADESH
SUPREME COURT OF INDIA
STATE OF UTTAR PRADESH
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Sema, J. -
(1.)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 sentences and conviction of the appellants under S. 302 IPC with the aid of S. 149 IPC and S. 307 IPC with the aid of S. 149 IPC set aside their conviction and sentence under Ss. 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 Prasad (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 (appel-lant 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 Prasad. Accused Ram Avtar, Shambhu and Shiviji are sons of Rohan. Simply, accused Subash Chandra and Mool Chand are sons of Devi Shankar. Among the injured persons. Raj Narain, Prem Narain, Bhoop Narain, and Brij Narain are brothers. The other injured, namely, Rakesh, Shashi Kant and Vipin are sons of Raj Narain, while Mukesh is the son of Prem Narain.
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