OM PRAKASH Vs. STATE

JUDGEMENT

(1.) Heard Ms. Vijata Singh, learned Amicus Curiae for the appellant and Mrs. Archana Singh, learned AGA for the State.

(2.) This jail appeal is directed against judgment and order dtd. 16/10/2006, passed by the Additional District and Sessions Judge (Special), Baghpat in Sessions Trial No. 188 of 2005, State vs. Om Prakash whereby the appellant has been convicted under Sec. 302 and 352 IPC, in Case Crime No.324 of 2004, Police Station Ramala, District Baghpat and consequently sentenced to life imprisonment along with fine of Rs.20,000.00 for the offence under Sec. 302 IPC and three months imprisonment for the offence under Sec. 352 IPC. In the event of failure to deposit the fine appellant was to undergo six months additional imprisonment. Both the sentences are to run concurrently.

(3.) Briefly stated, the prosecution case is that a written report dtd. 14/9/2004 was received from applicant Kallu Ram (PW-1) (Ext. A-1), scribed by Praveen Kumar S/o Kallu Ram (PW-6), stating that the elder son of informant i.e. accused appellant Om Prakash is a person of criminal antecedents and has been sent to jail multiple times. Few days prior to the incident accused Om Prakash attempted to assault the informant and his wife, which was not liked by the other two sons of the informant, namely Arvind and Praveen. Om Prakash on account of aforesaid was annoyed with his brothers Arvind and Praveen. At about 11.00 pm on 14/9/2004 the deceased Arvind alongwith informant and the informant's brother Hukum Singh (PW-2) had gone to sleep outside the house while Om Prakash was sleeping inside the house. At about 4.00 a.m. the next morning the informant and his brother woke up on hearing some noise to find that accused Om Prakash was inflicting repeated blows on the neck and face of deceased Arvind with Tabal/Daav, a sharp edged weapon. The informant and his brother raised alarm on which Om Prakash rushed towards them also but as neighbours Rajveer Singh, etc., came on the spot the accused appellant fled. The dead body of the informant's son was lying on spot and a request was made in the written report to lodge the report and to do the needful. On the basis of aforesaid written report a First Information Report dtd. 14/9/2004 (Ext. A-16) was registered as Case Crime No. 324 of 2004, under Ss. 302 read with 352 IPC.