PARAS PARSHAD SURAJ PAL SINGH Vs. STATE

JUDGEMENT

(1.) Accused Paras Parsad in criminal appeal No. 131 of 85 and accused Suraj Pal Singh in criminal appeal No. 154 of 85 alongwith Achhey Lal were at different times employed in factory known as Metropol, which was being run at 262, Okhla Phase III, New Delhi. In the evening of 15-11-80, they are alleged to have to the said factory and casually enquired from Ram Lal Chowkidar as to who amongst the owners of the concern would be sleeping in the factory premises that night, Ram Lal told them that most probably Om Pal would be sleeping. Late at night, they are alleged to have again come to the factory, fully armed, and manhandled Babu Ram Chowkidar by forcing him to call out Om Pal from the room he was sleeping in. As soon as Om Pal opened the door, the accused persons stabbed him and took away with them the brief case containing cash amounting to Rs. 2641.00. In that process, the accused had wrongfully restrained and confined Ved Parkash and Shiv Prasad Tiwari, the other chowkidars employed at the factory.

(2.) The accused Acchey Lal could not be arrested and was declared as proclaimed offender. Accused Suraj Pal Singh was arrested from Aligarh while Paras parshad was apprehended and brought from Bihar. The prosecution, in all, examined 25 witnesses to prove their case. Both the accused denied their involvement and set up the plea of alibi. They, however; did not produce any defence.

(3.) . The learned Additional Sessions' Judge on examination of oral as well as documentary evidence placed and proved on the record, came to the conclusion that the prosecution has established beyond all reasonable doubt that the accused Suraj Pal and Paras had on the night of 15th of 16th November, 1980, come to the factory No. 262, Metropol, Okhla Phase III at 1.30 A.M. alongwith their co-accused Achhey Lal (P.O.) and committed lurking house trespass into the said factory with an intent of committing theft while armed with deadly weapons, namely, knives and revolvers and in furtherence of common intention of all of them. committed the murder of Om Parkash and also committed theft of a brief case containing cash amount of Rs. 2641 and in pursuance thereof criminally intimidated and wrongfully restrained and confined Ved Prakash, Babu Ram and Shiv Prasad Tawari. Thus all of them committed the offence punishable under Section 457, 460, 302, 380, 506 (Part II) and 341/342 read with Section 34 IPC.