SHEKHAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT Appeals have been preferred by the appellants assailing the judgment and order dated 6.5.2011 rendered in Sessions Trial No.447 of 2009 State vs. Vibha Tiwari by the Special Judge (Ayodhya Prakaran)/Additional Sessions Judge Lucknow whereby the appellant has been convicted for offence under section 456 IPC and she has been sentenced to undergo R.I for 2,1/2 years studded with a fine of Rs. 1500/ - followed by conviction under section 201 IPC and sentence for 2,1/2 years studded with a fine of Rs 3000/ - and again followed by conviction under section 342 IPC and sentenced to undergo RI for six months with default stipulation to undergo imprisonment for one year for failure to pay fine under each count. Likewise, by the self same judgment, accused Shekhar Tiwari and others have also been convicted in ST No 446 of 2009. Each of them have been convicted for offences under section 147 IPC and sentenced to undergo RI for one year, under section 302 read with section 149 IPC and sentenced to undergo imprisonment for life attended with fine of Rs 50,000/ -,under section 364 IPC read with section 149 and sentenced to undergo RI for 10 years attended with fine of Rs.10,000/ -, under section 342 IPC read with section 149 IPC and sentenced to undergo RI for six months, under section 201 IPC read with section 149 IPC and sentenced to undergo RI for two and half years attended with fine of Rs 3000/ - under section 458 read with section 149 IPC and sentenced to undergo RI for seven years attended with fine of Rs 5000/ -, and section 7 of the Criminal Law Amendment Act 1932 read with section 149 IPC and sentenced to undergo RI for three months with default stipulation to further undergo RI for five years. All the sentences have been directed to run concurrently. All the appellants have been acquitted of the offence under section 148 IPC.

(2.) IT is a case which had set off media as well as public frenzy and had assumed political hues as the accused persons were either political personage or had a clout with local political personage. Albeit the fact that this incident which had set off riotous situation sparking much public and political agitation and outcries, had taken place within the jurisdiction of district Oraiyya, the case was tried in the courts at Lucknow because of the orders rendered by the High Court on judicial side transferring the case from the district of Oraiyya to the district of Lucknow vide order dated 23.3.2009. The trial judge has mentioned as a prologue in its judgment that the order aforesaid of the High Court was received in his court on 1.6.2009.

(3.) IN the instant case, two charge sheets were submitted - one against the accused namely, Shekhar Tiwari, Ram Babu alias Puti, Vinai Tiwari, Manoj Awasthi, Pal Singh, and Gajraj Singh and the second one was filed against Yogendra Dohre alias Bhatia, Devendra Rajput and Santosh Tiwari. In the second charge sheet, accused Hoshiyar Singh and Smt Vibha Tiwari were displayed as absconding. Smt. Vibha Tiwari surrendered in the Court on 17.3.2009, while accused Hoshiyar Singh was shown to be arrested on 25.7.2009. The judgment under challenge was delivered as a composite judgment of two Sessions trials, namely, S.T No. 446 of 2009 State V. Shekhar Tiwari and S.T. No. 447 of 2009 State V. Vibha Tiwari.