SHIV KUMAR GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Sheo Kumar Gupta, Kashi Ram, Rakesh son of Ranjit Singh, Rakesh son of Viladhar Sharma, Anand Gin and Jamadar Singh have filed criminal appeal No. 183 of 1988 and Pratap Singh, Ram Gin, Sant Singh and Subhash have filed criminal appeal No. 168 of 1988 against the judgment of V Additional Sessions Judge, Bulandshahr 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 Gin and Jamadar Singh have been convicted under Section 302/149, 201/120-B, 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 payments of fine to under go R.I. for one year, three years R.I. and a fine of Rs. 1000/-, and in default of payment of fine 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 to 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 Pratap Singh, Ram Gin Sant Singh and Subhash have been convicted under Sections 302/149, 201, 218, 120-8, 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 fine of Rs. 1000/-, and in default of payment of fine to undergo R.I. for one year, three yearsT R.I. and a fine of Rs. 1000/-, and in default of payment of fine 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 yearsT R.I. 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 Gin appellants are Sub-Inspectors. Kashi Ram appellant is Head constable. Rakesh son of Ranjit Singh, Rakesh son of Vilddhar Sharma, Anand Gin, Sant Singh and Subhash appellants are Constables. An these appellants were posted as P.S. Baghpat, District Meerut in June 1980.

(3.) The case of the prosecution is that father of Smt. Maya Tyagi P.W. 2 is Trilok Singh and the brother of Smt. Maya Tyagi is Kamal Singh P.7. 15. They are residents of Sakal Patti situated at a distance where the wedding of Rabala, 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 proceeding 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 tyres of the car and the driver changed the wheel of the car. Thereafter at about 12 noon on that day they reached Bhagpat 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 misbehaved with Smt. Maya Tyagi. She told him that he had no manners while she was scolding him Ishwar Singh Tyagi deceased came there and abused him and also threw him down. That person get 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, but the driver was unable to start the car. Ishwar Singh Tyagi and his two companions 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 number and which included the person, who had been thrown down by Ishwar Singh Tyagi, came from behind and fired at Ishwar Singh Tyaii 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 assaulted her and tore her blouse, petti-coat and made her naked while she was shrieking and shouting. When she tried to cover her body with her bands she was assaulted with Lathis and slippers. In the meantime, one person gave her a towel and a Tahmed, but she was not allowed to take them. She was taken in a naked condition from Baggpat Chopal to P.S. Baghpat. Apart from two the remaining miscreants were the accused present in court. They 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-Inspector and three constables came there and committed rape on her one after the other, as a result of which she began to bleed. Gaur Sub- Inspector then came there and assaulted her with a cane and pulled her breasts and inserted a Danda in her vagina. Gaur Sub-Inspector was not amongst the accused present court.