VIVEK TYAGI @ TWINKLE Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PW 5 Jaman Singh Rawat wrote a complaint (Ext. Ka -3) to Inspector In -charge, PS Rishikesh on 25.04.2001 enumerating the facts contained therein that in the intervening night of 24/25.04.2001, his servant Karna Bahadur was on his duty in hospital Shivlok, Laxman Jhoola, Rishikesh. Somebody pelted stones from outside. Karna Bahadur saw that Vivek Tyagi alias Twinkle and his companion threw stones at the hotel. Karna Bahadur refrained them from doing so. He also raised an alarm. Vivek Tyagi and his companion inflicted blow of stick on the head of Karna Bahadur. He (Karna Bahadur) sustained injuries. Injured was taken to hospital. The incident took place in the midnight at around 12:00 am.

(2.) THE incident took place in the intervening night of 24/25.04.2001, at around 12:00 am, the chik FIR was lodged on 25.04.2001, at 1:25 am. The distance between the place of occurrence and the police station was one kilometer. Hence, there appears to be no delay in lodging the first information report. After investigation of the case, a charge -sheet was submitted against the accused persons, namely, Vivek Tyagi and Narendra Singh Negi for the offence punishable under Section 307 of IPC. The case was committed to the Court of Sessions. When charge under Section 307 IPC read with Section 34 IPC was framed against the accused persons, they pleaded not guilty and claimed trial. PW 1 Karna Bahadur (injured), PW 2 Dalip Singh, PW 3 Dr. Rakesh Kumar, PW 4 Constable Sunil Kumar, PW 5 Jaman Singh Rawat and PW 6 SI Mahendra (I.O.) were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons in statement under Section 313 Cr.P.C., in reply to which they said that they were falsely implicated in the case. DW 1 Tejpal Singh was examined in defence. After considering the evidence on record, accused Narendra Singh Negi was exonerated of the charge levelled against him. Accused -appellant Vivek Tyagi was, however, convicted of the offence punishable under Section 324 IPC and was sentenced to undergo rigorous imprisonment for one year along with fine of Rs. 2000/ -, in default of payment of fine, he was directed to undergo three month's further rigorous imprisonment, vide impugned judgment and order dated 20.05.2002. Aggrieved against the said judgment and order, present Criminal Appeal was preferred.

(3.) PROSECUTION led the evidence through PW 1 (injured), who stated in his examination -in -chief, that in the year 2001, he was working as chowkidar in Shivlok Hotel, Laxman Jhoola, Rishikesh. On 24.04.2001, at around 12 am in the night when he was doing his duty (as watchman), Vivek Tyagi entered into the hotel. He started abusing PW 1. Then he called his companion. Both the accused persons were present in the Court when the oral evidence of PW 1 was recorded. Vivek Tyagi brought a stick and gave a blow of the same on PW 1's head, as a consequence of which, PW 1 sustained the injuries on his head. Blood oozed from PW 1's head. Accused persons fled away. PW 1 informed the proprietor of the hotel Jaman Singh (PW 5). Vivek Tyagi gave 2 -3 blows on the head of PW 1. His companion caught hold of PW 1. Before beating PW 1, Vivek Tyagi threw stones at the hotel. Manager of the hotel took PW 1 to Rishikesh Hospital, whereupon, he was medically examined. PW 1 remained in the hospital for three days.