BRIJESH TYAGI Vs. STATE

JUDGEMENT

(1.) APPELLANT Brijesh Tyagi has been convicted under Sections 302 IPC and 25(a) of the Arms Act and has been sentenced to undergo imprisonment for life and rigorous impris­onment for two years respectively, per judgment and order dated 25.3.1982 by the then Sessions Judge, Dehradun in ses­sions trial nos.78 and 114 of 1980.

(2.) THE facts of the case are as follows: On 13.3.1980 murder of one Abid Ali brother of PW 1, Riyasat Ali was commit­ted. Appellant-Brijesh Tyagi was then in the company of the said deceased. He lodged FIR of the incident at P S. Kotwali, Dehradun. After investigation charge-sheet was submitted and the case was commit­ted and the case was committed to ses­sions. Appellant was, however, not willing to testify and support the prosecution case. PW 1, Riyasat Ali's persuasions were not taken seriously by Brijesh Tyagi. The two deceased in the present case, namely, Jaswant alias Chunni and Vikram, both of whom had criminal history, had ac­quaintance with Abid Ali and his brother Riyasat Ali, who made a contact with them and they decided to meet for the purpose of discussing the issue of evidence to support the case against assailants of Abid Ali. Both the deceased together with Brijesh Tyagi appellant at the house of Sunil Kumar in 21, Dhamawala, Dehradun at about 3:00 PM on 20.4.1980. This venue was changed to.. presence of the guests in the house of Riyasat Ali.

(3.) SUNIL Kumar thereafter prepared a written report (Ex.ka.5) and left for the police station leaving behind Riyasat Ali at the scene of occurrence. He lodged the report at the PS.Kotwali at 4:15 PM and check FIR (Ex.ka.6) was accordingly pre­pared. A case under Section 302 IPC was registered and investigation was entrusted to S.I. Sri A.K.Yadav. He left for the scene of the occurrence with inspector incharge of the police station and other police personnel and held inquests on the dead bodies of the two deceased and thereafter these were packed and sealed and dispatched for postmortem.