STATE OF PUNJAB Vs. OM PRAKASH

JUDGEMENT

(1.) This is an appeal by the State of Punjab against the acquittal of accused Nos. 2 and 3 in Sessions Case No. 53/81 before the learned additional Sessions Judge, Amritsar is Criminal appeal No. 422/db of 1982. It may be stated that four accused persons, namely, Satpal, Om Prakash, vijay Kumar and Saudagar Singh were tried before the learned Additional Sessions Judge, Amritsar in sessions Case No. 53 of 1981 one charge of murder of Subhash Chander and also causing injuries to some of his relations. The learned Sessions Judge acquitted the accused No. 4 Saudagar Singh but convicted the three other accused, namely, Satpal, om Prakash and Vijay Kumar under Section 302 read with Section 34, Indian Penal Code and also for causing injuries to other witnesses. The two appeals werepreferred before the High court of Punjab and haryana. The aforesaid Criminal Appeal being appeal No. 422/db of 1982 was preferred by the accused Nos. 2 and 3 0m Prakash and Vijay Kumar against their conviction and sentence and the other appeal in the Criminal Appeal No. 453/db of 1982 was preferred by Satpal against his conviction and sentence. Since both the appeals arise out of the same judgment, both the appeals were heard together and were disposed of by a common judgment. The Punjab and Haryana High court inter alia came to the findings that the charge of murder against 0m parkash and Vijay Kumar cannot be sustained because they have not taken any overt act causing the murder and the High court has indicated that the deceased was attacked by the other accused namely satpal, and Om Prakash and Vijay Kumar had not caused any harm to the deceased and it has also been held by the High court that they had no intention to murder Subhash Chander. Accordingly, the High court held that Section 34, Indian Penal Code was not attracted for convicting 0m Prakash and Vijay Kumar. The high court, however, affirmed the conviction of om Prakash and Vijay Kumar for other offences for causing injuries to other persons. The acquittal of 0m Prakash and Vijay Kumar under Section 302, read with Section 34. Indian Penal Code is the subject matter of challenge in this appeal. We have considered the evidences adduced in the case and also the reasoning given by the High court in allowing the appeal of om Prakash and Vijay Kumar. So far as their conviction under Section 302/34. Indian Penal Code is concerned. we find that the High court has taken a very reasonable view. We, therefore, see no reason to interfere with the impugned judgment and this appeal is therefore dismissed.

(2.) The complainant has also moved a special leave petition being S. L. P. (Cri) No. 106/83 before this court challenging the order of acquittal under section 302/34, Indian Penal Code against the said accused Vijay kumar and Om Prakash. For the aforesaid reasons, the special leave petition is also dismissed. We make it clear that we have not considered the case of Satpal as it is not necessary for us to consider the culpability of the other accused Satpal for disposing of this appeal and special leave petition.