ANKUR @ BOBY Vs. STATE OF U.P.

JUDGEMENT

(1.) Present criminal appeals are directed against the judgement and order dated 14th December, 2007 passed by Sri Lukmanul Haq, Additional District & Sessions Judge, Court No.10, Ghaziabad in Sessions Trial No.407 of 2006 (State Vs. Aslam & Others) under Sections 302, 307 IPC case crime no.162 of 2005, Sessions Trial No.408 of 2006 (State Vs. Aslam) under Section 25 Arms Act case crime no.163 of 2005, Sessions Trial No.409 of 2006 (State Vs. Parminder) under Section 25 Arms Act case crime no.164 of 2005, Sessions Trial No.410 of 2006 (State Vs. Ankur alias Bobby) under Section 25 Arms Act case crime no.162 of 2005, Police Station Hapur Dehat, District Ghazibad, convicting and sentencing the appellants to undergo imprisonment for life u/s 302/34 I.P.C. and to pay fine of Rs.10,000/- and in default of payment of fine to further undergo imprisonment for 3 months; further to undergo R.I. for 7 years u/w 307/34 I.P.C. and to pay fine of Rs. 5,000/- and in default of payment of fine to undergo imprisonment for two months; further to undergo R.I. for one year u/s 25 Arms Act to pay fine of Rs. 500/- and in default of payment of fine to undergo imprisonment for 15 days.

(2.) Brief background of the case as has been unfolded by the first informant Amit Tyagi s/o Karamveer Tyagi is to the effect that his mother Smt. Kamla Devi w/o Karamveer Tyagi was a candidate for being elected as BDC Member and election of the same was scheduled for 14.10.2005 and a day before on 13.10.2005 at about 11:30 p.m., he, his brother Sudip and cousin brother Yogendra alongwith some other co-villagers making contact with the voters were returning back to their home, at the said point of time, Sunder Singh s/o Fakir Chand Tyagi, who has recently been elected as Pradhan and has been supporting candidature of Smt. Leelawati w/o Ramraj Jatav, alongwith his son Ankur @ Bobby, Kalu s/o Karan Singh Jaat and Aslam Nut @ Islam was standing near the house of Dilsher and all of them were armed with countrymade firearm and the moment they saw the informant and others, it was mentioned by them that how they have dared to contest election in front of them, and they would get taste of the same, at the said point of time, the informant contended that they are contesting their elections and they have no concern with the informant and the moment these words were mentioned, Sunder exhorted to fire and then all four of them with the countrymade firearm with which they were armed with, opened fire and the said fire in question hit Sudip s/o Karamveer Tyagi and Yogendra @ Mantu s/o Munish Tyagi and both of them were injured and then on the spot after hearing the noise of the fire Raju s/o Surendra and Vipin s/o Hariraj and others came on the spot and have seen all of the four accused persons brandishing the countrymade firearm and fleeing away from the spot. The injured were taken for treatment and by the time they could reach the hospital, they succumbed to the injuries and it was also mentioned that in the same incident Puppal s/o Vijendra Jatav, who was also accompanying them, was also injured and accordingly, needful be done. The First Information Report was registered as Case Crime No.106 of 2005 u/s 302/307 I.P.C.

(3.) After the First Information Report in question was lodged chick F.I.R. was prepared by Bheekam Singh Bhati and the Investigating Officer, Samarpal Singh entrusted S.I. Ranjeet Singh for inquest proceedings being undertaken and thereafter statement of Amit Tyagi, Raju and Vipin was got recorded and the spot inspection report was also made. Statement of injured Pappal was also taken and from the crime scene blood stained earth and plain earth was also taken. Not only this, from the spot empty cartridges were also recovered and fard was prepared. On 13.10.2005, accused-appellant Ankur@ Bobby was arrested and on his pointing out a countrymade firearm of 315 bore was recovered alongwith two live cartridges on 18.10.2005 and fard was also prepared. On 15.10.2005, accused-appellant Islam @ Aslam was arrested and from his possession, a countrymade firearm and two live cartridges were recovered. On 16.10.2005, accused-appellant Kalu was arrested and from his possession, a countrymade firearm and two live cartridges were recovered. Thereafter on 21.10.2005, the report of inquest and postmortem report were entered in case diary and statement of panch witnesses was also got entered. Spot map was prepared of the place, from where countrymade firearm from Ankur has been discovered. After the investigation in question has been carried out, then chargesheet in question has been filed and as the case in question was exclusively triable by Court of Sessions, committal proceedings took place and the matter has been sent to Sessions Judge for being tried.