LAWS(DLH)-2017-5-284

PRADIP YADAV & ANR. Vs. STATE

Decided On May 22, 2017
Pradip Yadav And Anr. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeals have been preferred against a common judgment of conviction dated 12.04.2001 and common order on sentence dated 16.04.2001, therefore, with the consent of counsel for the appellants in both appeals, the same are heard together and are being disposed of together by this common judgment.

(2.) The appeal bearing Crl.A. No. 306/2001 has been filed by appellants - Pradeep Yadav and Rajesh Yadav, whereas Crl.A. No. 307/2001 has been filed by the appellants - Jagdish and Braham Prakash. The appellants have preferred their present appeals being aggrieved by the judgment of conviction dated 104.2001 passed by the learned Additional Sessions Judge, Delhi convicting the appellants - Pradeep Yadav, Rajesh Yadav, Jagdish and Braham Prakash for the offences under Sections 147/148/149/326/427/506 of IPC, and section 27 of the Arms Act. The appellants have also challenged the order on sentence dated 16.04.2001 whereby the appellants have been sentenced to undergo rigorous imprisonment for three years with fine of Rs. 10,000/- each, in default to undergo further simple imprisonment for three months for the offence under Sections 149/326 of IPC; rigorous imprisonment for six months and fine of Rs. 5,000/- and in default to further undergo simple imprisonment for one month for the offence under Section 427/149 of IPC; and rigorous imprisonment for six months with fine of Rs. 5,000/- each and to further undergo simple imprisonment for three years with fine of Rs. 10,000/- each and in default to undergo further simple imprisonment for three months for offence under Section 149/506 of IPC.

(3.) The FIR in the present case was registered on the statement of the Complainant - Narain Singh Yadav. In his statement he stated that there was a dispute/litigation regarding the land at village Samaipur Badli, bearing Khasra No. 6/19/2, admeasuring 4 bighas 18 biswas. On 04.06.1990, SDM of Punjabi Bagh had given judgment in his favour regarding title of the land on the basis of the order dated 11.06.1990 of Addl. District Judge whereby Mahinder Singh Yadav was restrained to interfere in his possession and from interfering in the filling of the land with soil. It is stated that on 26.06.1990 at about 4 PM when he was getting soil filled up in the land, his brothers - Zile Singh and Hukam Singh along with Birju and six labourers were present at the spot. In the meanwhile accused Mahinder Singh Yadav (since deceased) along with Ramesh - Pradhan of village Libaspur, Charan Singh and Dharampal came in his car followed by another car in which accused Sadan Kumar, Rajinder, Pradeep, Yogesh along with other persons came there. There were trucks behind those cars and tempo, wherein various persons armed with rifles, revolvers, jellys, hockey or sticks, lathies were present. Tractor was being driven by Deepu. Mahinder Singh immediately getting down from the car, fired two shots in the air from his revolver and on his instigation, his associates got down from their vehicles and damaged their cars, motor cycle and over turned them. Thereafter accused Mahinder Singh Yadav instigated his associates in loud voice to demolish the room and take possession of the land. Driver of tractor - Deepu drove the tractor on the land and his associates demolished the room. It is further alleged by the complainant that when his labourers came running to him, the accused party started pelting stones and firing shots at them. In the meanwhile, police force along with SHO and ACP came to the spot. Warning from the policy party was given but with no result. Thereafter ACP fired in the air and controlled the crowd. Police arrested the accused persons Braham Prakash and Jagdish with swords; accused Pradeep Yadav was arrested with double barrel gun along with belt of 12 rounds, accused Dharampal Yadav was arrested with a country made pistol with one live round, accused Rajesh Yadav was arrested with a gupti. Though attempt was made to arrest accused Mahinder Singh Yadav but somehow he managed to escape. During the process of pelting stones and firing shots, his brother-in-law (sadhu) Ramesh, son of Charan Singh and labour Sidh Nath and Ram Adhar received injuries. Many persons while running away, left their weapons at the spot which were seized by the police. Used cartridges were also seized from the spot and vehicles standing at the spot were seized. Mahinder Singh Yadav along with his associates had come with a firm determination to take forcible possession of land and attacked them and caused damage.