- (1.) B. N. Katju, J. Sheo Kumar Gupta, Kashi Ram, Rakesh son of Ranjit Singh, Rakesh son of Viladhar Sharma, Anand Giri and Jamadar Singh have filed Criminal Appeal No. 183 of 1988 and Pratap Singh, Ram Giri, Sant Singh and Subhash have filed criminal appeal No. 168 of 1988 against the judgment of 5th Additional Sessions Judge, Blandisher dated 23-1-1988 passed in S. T. No. 358 of 1982. Sheo Kumar Gupta, Kashi Ram, Rakesh son of Ranjit Singh, Rakesh son of Viladhar Sharma, Anand Giri and Jamadar Singh have been convicted under Sections 302 149, 201/218,120-13,323/149, 354/149 and 148, I. P. C. and have been sentenced to death, seven years' R. I. and a fine of Rs. 1000, and in default of payment of fine to undergo R. I. for one year, three years' R. I. and a line of Rs -. 1000, and in default of payment of line to undergo R. I. for six months, one year R. I. , one year R. I. and a fine of Rs. 500, and in default of payment of fine to undergo R. I. for one month, two years' R. I. and a fine of Rs. 2000. and in default of payment of fine undergo R. I. for three months, three years' R. I. and a fine of Rs. 1000, and in default of payment of fine to' undergo R. I. for six months. Partap Singh, Ram Giri, Sant Singh and Subhash have been convicted under Sections 302/149, 201, 218, 120-B, 323/149, 354/149 and 147, I. P. C. and have been sentenced to imprisonment for life and a fine of Rs. 5000, and in default of payment of fine to undergo R. I. for one year, seven years' R. I. and a line of Rs. 1000, and in default of payment of fine to undergo R. I. for one year three years' R. I. and a fine of Rs. 1000, and in default of pay ment of fine to undergo R. I. for six months, one year R. I. and a fine of Rs. 500, and in default of payment of fine to undergo R. I. for one month, two years' R. L and a fine of Rs. 2000, and in default of payment of fine to undergo R. I. for three months and two years' R. I. and a fine of Rs. 1000, and in default of payment of fine to undergo R. I. of six months. All the substantive sentences of imprisonment have been ordered to run concurrently.
(2.) SHEO Kumar Gupta, Jamadar Singh and Ram Giri appellants are Sub-Inspectors. Kashi Ram appellant is Head Constable. Rakesh son of Ranjit Singh, Rakesh son Viladhar Sharma, Anand Giri, Sant Singh and Subhash appellants are Constables. All these appellants were posted are P. S. Baghpat, District Meerut in June 1980. The case of the prosecution is that father of Smt. Mayu Tyagi P. W. 2 is Trilok Singh and the brother of Smt. Maya Tyagi is Kamal Singh P. W. 15. They are residents of Sakal Patti situated at a distance of Rajbala, the daughter of Kamal Singh, was to be performed on 18-6-1980. On that day Smt. Maya Tyagi along with her husband Ishwar Singh Tyagi deceased and two of his friends were proceed ing by car from Delhi to Sakal Patti to attend the wedding. The car was being driven by the driver Roshan Lal P. W. 12. There was a puncture in one of the lyres of the car and the driver changed the wheel of the car. Thereafter at about 12 noon on that day they reached Baghpat Chopla (crossing ). The car was stopped at the crossing and the driver took the punctured tyre for repair and Ishwar Singh Tyagi deceased and his two friends went to the Bazar. Smt. Maya Tyagi remained seated in the car. Shortly thereafter a person in plain dress came there and mis behaved with Smt. Maya Tyagi. She told him that he had no manners and while s scolding him Ishwar Singh Tyagi deceased came there and abused him and also threw him down. That person got up and went away. After he had left, the persons, who were nearby, said that that person was Narendra Singh, S I. Ishwar Singh Tyagi deceased and his companions wanted to leave that place out of fear, hut the driver was unable to start the car. Ishwar Singh Tyagi and his two com panions then got down from the car and began to push the car. When the car had moved about 4 or 6 paces, a party of Policemen, who were about 10 or 11 in numbers and which included the person, who had been thrown down by Ishwar Singh Tyagi, came from behind and fired at Ishwar Singh Tyagi deceased and his two companions and also assaulted them with Dandas while Smt. Maya Tyagi and the driver were sitting in the car. Three or four persons thereafter pulled Smt. Maya Tyagi from the car and assaulted her and tore her blouse, petti-coat and Sari and made her naked while she was shrieking and shouting. When she tried to cover her body with her hands she was assaulted with lathis and slippers. In the meantime, one person gave her a towel and a Tahmad, but she was not allow ed to take them. She was taken in a naked condition from Baghpat Chopal to P. S. Baghpat. Apart from two the remaining miscreants were the accused present in court. They were armed with guns and lathis. After Smt. Maya Tyagi was taken round the Police Station she was kept in a room, which had iron bars. Three Sub- Inspectors and three constables came there and committed rape on her one after the other, as a result of which she began to bleed. Sub-Inspector Gaur then came there and assaulted her with a cane and pulled her breasts and inserted a danda in her vagina. Sub-Inspector Gaur was not amongst the accused present in court. A report regarding the incident was lodged by Narendra Singh S. I. on the same day (18-6-1980) at 2 p. m. at P. S. Baghpat against Roshan Lal P. W. 12 Smt. Sudesh (Maya Tyagi), Brijbir, Prahlad and three unknown persons under Sections 399/402 and 307, I. P. C. and 25 and 27, Arms Act.
(3.) . A telegram with respect to the incident (Ext. Ka 71) was sent by Kamal Singh P. W. 15 on the same day (18-6-1980) to the Chief Secretary, U. P. Government at 11 p. m. , which runs as follows :- CHIEF SECRETARY LUCKNOW GRIH SACH1v2240 A 11-M Ed RUT CITY 18 ISHWAR SINGH VINOD AND OTHER ONE SHOT DEAD BY NARENDRA SINGH S. I. AND OTHER POLICE MEN SMT. MAYA SUBJECTED BY VIOLENCE BEYOND IMAGINATION BY S. O. / BAGHPAT GUARD/and S. I. NARENDRA HER PREGNANCY ADVERSALLY AFFECTED AND STILL BLEEDING FALSE CASE IS BEING FABRICATED MAYA IS IN POLICE CUSTODY DETAIL WILL BE GIVEN LATER ON-KAMAL SINGH. An application (Ext. Kha-1) regarding the incident was purported to have been sent by Smt. Maya Tyagi, P. W. 2 to the District Magistrate, Meerut on 21-6-1980. The investigation of the case was first conducted by the Police of P. S. Baghpat. It was subsequently handed over to S. P. Pandey P. W. 23 of the C b C. I. D. on 24-6-1980. The injuries of Smt. Maya Tyagi P. W. 2 were examined by Dr. Neelima Pant D. W. I on 18-6-1980 at 7. 15 p. m. at Meerut and multiple injuries were found under her chin and on her back, right elbow, left upper arm. left elbow, left hand, right breast, lower abdomen, right knee, right foot blood-stained. The doctor also found : - There is skin deep tear in 7 o'clock position in vagina at the skin margin. Vaginal tear at 6 o'clock position about 2 long and 1 deep is pre sent. Fresh bleeding from tear. Tear stitched and bleeding controlled. Vagina admits 2 fingers easily. Inflarnation and tenderness is present. Ex. soft at about 20 (sic) size. Vaginal smear sent for Hasto Phatho-logical examination for presence of spermatozoa. P. A. Exam. Ut. 20 makes ballotment present. Breast secretions present areola dark in colour 9. Dr. Neelima Pant D. W. 1 again examined the injuries of Maya Tyagi P. W. 2 on 19-6-1980 at 9 a. m. and found the under-mentioned injuries on her person : - Complaints of pain all over head. No mark of external injury seen on hand. Abrasion with soft scab about 0. 5 cm. xo. 5 cm. on left side of face 2 cm outer to lateral conthus It. eye. Red blue contusion 6 cm. x0. 5 cm. under It. mandible. Linear abrasion with soft scab 8 cm. X0. 3 cm on Rt. side of neck 10 cm below the pinna of Rt. car extending interiorly. Red blue contusion 8 cm. X 5 cm. on the left upper arm, outer part, lower half, pain and swelling present, injury kept under observation subjected to X-ray. Abrasion with soft scab 0. 5 cm. X 0. 5 cm on the back and upper part of left elbow joint. Abrasion with soft scab 0. 5 cm. x0. 5 cm. on the back and outer part of Rt. elbow. 8. Red blue contusion 30 cm. x 1/4 cm. on the upper end of middle l/3rdofback extending obliquely from mid off lateral margin or left scapula upto the inferior angle of Rt. scapula. 9. Red blue contusion 30 cm. x 1/4 cm. below injury No. 8 3/4th cm. apart from each other. But injury Nos. 8 and 9 cross on middle of left scapula, contusion on Rt. scapula is 2| cm. wide and common. 10. Red blue contusion 7 cm. XO. 5 cm. x 2 cm. below injury No. 8 extending from lateral end of Lt. scapula to centre of back. 11. Red blue contusion 3 cm. x2 cm. just below injury No. 10, Red blue contusion 15 cm. x 1 cm. on the lower 1/jrd back extend - ing obliquely from Lt. to right. Red blue contusion 10 cm. x 2 cm. on the It. side of back 8 cm. below the injury No. 8. Multiple linear (crescentic) abrasion with soft scab in an area of about 5 cm. x 5 cm. on lower medial quadrant of Rt. breast. Each about 0. 2 cm. wide and range from 5 cm. = 8 cm. in length. Abrasion with soft scab 5 cm. x0. 5 cm. 11 cm. below the umbilicus at 5 'o' clock Position. 16. Abrasion with soft scab 0. 5cm. x 0. 5 cm. outer and lower part of right knee. Abrasion with soft scab 0. 5 cm. x 0. 5 cm. on inner part of right knee. Abrasion with soil scab 3 cm. x O-5 cm. on the top of left knee. Abrasion with soft scab 3 cm. x 1 cm. on the left knee 5cm. below injury No. 19. Lacerated wound with soft scab 0. 5 cm. x 1. 5. cm. x skin deep on the outer part of left great toe. Tenderness present. Red blue contusion 5 cm. x 2 cm. on inner side of left foot at the root of great toe, Red blue contusion on Rt. thigh 11 cm. x 15 cm. on antere-medial surface 20 cm. above knee joint. Red blue contusion 10 cm. x 10 cm. below iliac crest on right hip. Red blue contusion 15 cm. X22 cm. on Rt. hip extending up to Coceys. . 25. Multiple small red blue contusions on left hip at the level of coceys extending laterally. In the opinion of Dr. Pant, all the injuries were simple. Injuries Nos. 3,5,8,9,10,11,12,13,20,21,22,23,24 and 25 were caused by some blunt hard object. Injuries Nos. 2,4,6,7,15,16,17,18 and 19 were caused by friction against hard object. Injury No. 14 appeared to have been caused by finger nails. Duration of all the injuries examined on 19-6-1980 was about one day (24 hours ). Vaginal injury noted by on 18-6-1980 was a rape injury and duration of this injury was about half a day. As per supplementary report dated 21-6-1980, in the opinion of Dr. Pant, the age of Smt. Maya Tyagi P. W. 2 was between 19 and 20 years. The injuries of Roshan Lal P. W. 12 were examined by Dr. R. K. Tayal P. W. 11 on 18-6-1980 at 6 p. m. at Baghpat and the under-mentioned injuries were found on his person : Red contusion 7 cm. x 3 cm. right side head 5 cm. above the right ear. Linear abrasion 2 cm. on the right palm below the right wrist. Red contusion on the left palm in an area of 7 cm. X10 cm. , 6 c. . m. below the left wrist. Red contusion 11 cm. x 5 cm. on the right leg 8 cm. below the right knee joint. Red contusion 9 cm. x 2 cm. on the right leg 15 cm. below the right knee joint. Advised X-ray. Injury is kept under observation. Red contusion 19 cm. x 2cm. on the right leg, 15 cm, below injury No. 5.;