MADAN TYAGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANTS Madan Tyagi (A1) and Satyendra @ Sattu Tyagi (A2), real brothers, were convicted by the Trial Judge on dated 12.02.2002 after the culmination of the Sessions Trial No. 7/1998. Both brothers were tried for the offences under Section 307/34 and 427 IPC. The crime pertains to the Police Station Rishikesh, District Dehradun. They have appropriately been sentenced by the learned Trial Judge.

(2.) DURING the pendency of appeal, A1 has died. So the appeal preferred by A1 has now been abated by the Court. Now, before the Court only A2 remains to be heard.

(3.) ON 10.06.1994 at 5 AM, when PW1 Fate Singh along with the injured Jagan Singh were present on their shop and the accused persons were also shouting to sell their item (roasted grams), they were asked not to do so. This resistance by PW1 and Jagan Singh soon turned to a scuffle and in the course of that quarrel, the accused persons broke the glassed counter of the sweets. A1 dragged Jagan Singh from the counter to the outside and A2 caught hold of the injured. A1 thrusted the knife in the abdomen of Jagan Singh causing the cavity deep injury. Having caused these injuries, A1 and A2 both took to their heels. Injured Jagan Singh was soon shifted to the hospital by his another brother Satte Singh. Meanwhile, Fate Singh PW1 wrote the FIR Ex. Ka -1 and lodged it in the Police Station Rishikesh at 06:45 A.M. Thus, the FIR was lodged soon after the incident.