1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No. 339 of 2007 with CRLA No. 301 of 2007 CRLA No. 302 of 2007 1. Rajendra Prasad 2. Davendra Prasad Both S/o Joga Ram R/o Village Urai Post Dewalthal, Dist Pithoragarh … …..............Appellants Versus State of Uttarakhand ……….Respondent Shri T.S.Takuli, Advocate, present for the appellants/applicants Shri Prabhakar Joshi, Breif Holder, present for State. Hon’ble Prafulla C. Pant, J. This is Modification MCRC Application no. 113 of 2011 seeking Clarification/Modification of the Judgment and order dated 10.12.2010, passed by this Court in Criminal Appeal No. 301 of 2007, Criminal Appeal No. 302 of 2007 and 2 Criminal Appeal No 339 of 2007. (2) Having heard learned counsel for the parties, and after going through the paper on record, the Application MCRC No. 113 of 2011, is disposed of with the direction that the period undergone by the appellants Davendra Prasad and Rajendra Prasad during the period of trial and the present appeal shall be adjusted from the period of four years to which the appellants were sentenced by this Court. It is also clarified that both Criminal Appeal No. 301 of 2007 and Criminal Appeal No. 339 of 2007, have been filed against the same judgment passed by the trial court. Therefore, the period of sentence which was reduced by this court relates to only Special Session Trial No. 70 of 2006 and there can't be two sentences in respect of same offence. (Prafulla C.Pant, J.) 05-3-2011 NP 3 4 5 6 7 8 9 10