Anand Tyagi vs State
2013 Latest Caselaw 4698 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         DECIDED ON : 09th October, 2013

+      CRL.A.448/2001
       ANAND TYAGI
                                                                  ..... Appellant
                                Through : Mr.Kunal Malhotra, Advocate.
                                versus
       STATE
                                                               ..... Respondent
                                Through : Mr.M.N.Dudeja, APP for the State.
+      CRL.A.449/2001
       VIJAY KUMAR
                                                                  ..... Appellant
                                Through : Mr.Kunal Malhotra, Advocate.
                                versus
       STATE
                                                               ..... Respondent
                                Through : Mr.M.N.Dudeja, APP for the State.
CORAM:
MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

1. Anand Tyagi (A-1), Vijay Kumar (A-2), Om Parkash @

Rajesh and Pradeep Tyagi were arrested in Case FIR No.77/1999

registered at Police Station Civil Line and sent for trial on the allegations

that on the night intervening 11/12.03.99 at about 12.40 A.M. they robbed

Mahesh Kumar, TSR driver (DL-1R-1234) at knife point, when he was

engaged from Ajmeri Gate to go to Mall Raod at knife point. Mahesh

Kumar raised alarm and Ct.Ram Sagar of the Home Guard was able to

catch hold of A-1. The other assailants fled the spot. During the course

of arguments the other assailants were arrested and statement of witnesses

conversant with the facts were recorded. After completion of

investigation, a charge-sheet was submitted against all of them in the

court. The prosecution examined 8 witnesses to prove its case. In their

313 statements, the accused persons claimed innocence. On appreciating

the evidence and after considering the rival contentions of the parties, the

Trial Court by the impugned judgment dated 19.05.2001 in Sessions Case

No.84/1999 acquitted Om Parkash @ Rajesh and Pradeep Tyagi of all the

charges while convicting A-1 and A-2 under Section 25 Arms Act and

under Section 332 IPC respectively. Being aggrieved, A-1 and A-2 have

preferred the appeals.

2. During the course of arguments, both A-1 and A-2 gave up

their challenge to conviction for the aforesaid offences and opted to accept

it voluntarily. They, however, informed that they had remained in custody

for more than the imprison terms awarded to them. Since the appellants

have accepted the conviction under Sections 25 Arms Act and under

Section 332 IPC voluntarily in the presence of their lawyer, their

conviction stands affirmed. By an order dated 19.05.2001 they were

directed to undergo Rigorous Imprisonment for one year each.

Admittedly, they have remained in custody for more than one year before

release on bail. Under the circumstances, no further sentence can be

awarded to them. Both A-1 and A-2 are ordered to be released for the

period already undergone and spent by them in compliance of the

sentence order.

3. The appeals stand disposed of in the above terms. Trial

Court record along with the copy of the order be sent back forthwith.

Superintendant Jail be informed.

(S.P.GARG) JUDGE October 09, 2013 sa