VEERPAL Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Manish Tiwary, in Criminal Appeal No. 53 of 2013, Sri R.K. Singh, in Criminal Appeal No. 126 of 2013 and Sri Mohd. Afzal, in Criminal Appeal No. 154 of 2013, for the accused-appellants and Sri Dilip Kumar, Senior Advocate, assisted by Sri Muktesh Singh, for the informant and Sri Nafees Ahmad, A.G.A., for State of U.P.

(2.) Veerpal and Dharmveer have filed Criminal Appeal No. 53 of 2013, Anuj has filed Criminal Appeal No. 126 of 2013 and Bijender Singh, Tejpal and Neeraj have filed Criminal Appeal No. 154 of 2013, from their conviction and sentence passed by Additional Session's Judge, Court No. 10, Ghaziabad, dated 13.12.2012, in S.T. No. 361 of 2010, State of U.P. Vs. Bijendra Singh and others, [arising out of Case Crime No. 684 of 2009], under Section 147, 148, 452, 323/149, 307/149, 302/149, 506 of Indian Penal Code, 1860 (hereinafter referred to as the IPC) P.S. Modi Nagar, district Ghaziabad, convicting and sentencing them for six months rigorous imprisonment under Section 147 IPC, one year rigorous imprisonment under Section 148 IPC, three years rigorous imprisonment and fine of Rs. 1000/- each under Section 323/149 IPC, one year six months rigorous imprisonment under Section 506 IPC and rigorous imprisonment for life and fine of Rs. 3000/- each under Section 302/149 IPC, with default stipulation.

(3.) On the written complaint (Ex-Ka-1) of Vikal Singh (PW-1), FIR (Ex-Ka-4) of Case Crime No. 684 of 2009, under Section 147, 148, 149, 452, 323, 307, 506 IPC was registered on 21.09.2009 at 22:45 hours, at police station Modi Nagar, district Ghaziabad, by Constable Jagpal Giri (PW-2) against Bijender, Veerpal, Bhoopendra, Anuj, Tejpal, Dharmveer and Neeraj. It has been stated in the FIR that Harendra, the brother of the informant came to his house from Maha Maya Temple on 21.09.2009 at 9:00 PM. As soon as the brother of the informant entered inside his house, opening the door, then behind him, Bijender, Veerpal sons of Hariram, Bhoopendra, Anuj sons of Bijender, Tejpal son of Khajan, Dharmveer son of Khachedu Singh and Neeraj son of Satpal, armed with lathi-danda, hockey sticks and handle of hand pump, entered his house. With common intention to kill him, the accused began to assault his brother from their respective weapons, which caused grievous injuries on the head and body of his brother and lacerated wound was caused on the head. Wife of his brother intervened in the incident and shouted "bachao bachao". While intervening, wife of his brother also received invisible injuries. His brother had become unconscious on the spot. Hearing the shouts, the informant, his brother Manoj, Sanjay son of Shoraj, Devendra son of Teekam, Anil son of Rajendra and large number of peoples came on the spot, who had seen the incident. Looking to the large number of peoples, the accused ran away from the spot giving threats to kill. Due to election rivalry, the aforementioned accused have caused this incident. He took his brother to Jeevan Hospital, Modi Nagar, from where he was referred to higher center, looking to his critical condition. He sent his brother to Meerut along with other family members and himself came to lodge FIR. He lodged the FIR and prayed for taking legal action against the accused.