BHAGMAL TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, Senior Advocate, assisted by Sri Rajesh Kumar Sharma and Sri Abhas Sharma, for Bhagmal Tyagi and others, Sri Rajesh Kumar Mishra, Brief Holder, for State of U.P. and Sri Vivek Kumar Singh, for the informant.

(2.) Bhagmal Tyagi (the appellant) has filed Criminal Appeal No. 2885 of 2009, from his conviction and sentence passed by Session's Judge, Ghaziabad, dated 04.04.2009/06.04.2009, in S.T. No. 780 of 2006 [arising out of Case Crime No. 588 of 2005, under Section 302, 120-B, 504, 506 and 34 Indian Penal Code, 1860 (hereinafter referred to as the IPC) P.S. Kavinagar, district Ghaziabad] and S.T. No. 781 of 2006 (arising out of Case Crime No. 617 of 2005, under Section 25 of Arms Act, 1959, P.S. Kavinagar, district Ghaziabad), convicting Bhagmal Tyagi under Section 302, 504, 506 IPC and Section 25 of Arms Act, 1959 and awarding sentence of (i) imprisonment for life with fine of Rs. 5/- lakhs under Section 302 IPC, (ii) Two years rigorous imprisonment with fine of Rs. 5000/- under Section 504 IPC, (iii) Two years rigorous imprisonment with fine of Rs. 10000/- under Section 506 IPC and (iv) Three years rigorous imprisonment with fine of Rs. 10,000/- under Section 25 Arms Act, 1959. All the sentences were directed to run concurrently. Fines were directed to be realized from the person or the property of Bhagmal Tyagi. Out of the aforementioned fines, Rs. 4/- lakhs was directed to be paid to the kith and kin of the deceased Anil Chaudhary. The co-accused Hemant @ Babloo, Dimpal @ Kapil Tyagi and Nikhil Tyagi were acquitted from all the charges and Bhagmal Tyagi was acquitted under Section 120-B IPC. State of U.P. has filed Govt. Appeal No. 7487 of 2009, from acquittal of Bhagmal Tyagi, Hemant @ Babloo, Dimpal @ Kapil Tyagi and Nikhil Tyagi. Both these appeals arise out of same judgment as such were consolidated and heard together.

(3.) On the complaint (Ex-Ka-1) of Baldan Singh (PW-1), FIR (Ex-Ka-22) of Case Crime No. 588 of 2005, under Section 307, 504, 506 IPC was registered at Police Station Kavinagar, Ghaziabad on 24.11.2005 at 21:30 hours against Bhagmal Tyagi and two unnamed persons by Head Moharrir Vinod Kumar. It has been stated in the FIR that the informant Baldan Singh son of Kabool Singh had come to the house of his son Anil Chaudhary, situated at Jagriti Vihar, on Free-hold plot, at about 7:00 PM. Virendra Singh son of Malkhan Singh, resident of Sadarpur was also with him. On coming to the house of his son, he came to know that his son had gone to attend a party of his friend on the motorcycle along with Ravindra son of Lakshmi (his elder brother's son). He had told to come back soon. After taking tea and water at the house of his son, they both were going to take beedi towards main road, through lane. He saw his son coming on motorcycle along with Ravindra on the turn of the lane. As soon as he entered the lane, in front of house of Pushpa Yadav then a car dashed the motorcycle of his son from back side. His son and Ravindra fell down from motorcycle. Then Bhagmal Tyagi son of Ved Prakash Tyagi, resident of village Morta, PS Sihani Gate, who was known to him from before the incident and two unknown persons came out from the car. Bhagmal Tyagi opened fire from the pistol in his hand, with an intention to kill his son, saying while abusing that Anil I would kill you. His son fled away for 30-35 paces and thereafter, he fell down in front of house of Jagdish Sharma. Bhagmal Tyagi caught hold his son there and shot fire on the chest of his son. They run towards his son while shouting then Bhagmal Tyagi threaten to kill them showing his pistol and warned not to come there. Thereafter they sat in car and fled away. This incident had occurred at 7:30 PM. They had seen entire incident in the light of electricity. He got his son admitted at Shivam Hospital, Rajnagar, Ghaziabad with the help of the residents of mohalla, where his treatment was going on.