OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) FOR shooting down dead Aik Singh, a Youngman of 22 or 23 years of age and a resident of village Ismalia in Police Station Sampla, three of his co-villagers, namely, Partap. aged 32 years, his brother Dalip, aged 42 years, and the latter's son Om Parkash, aged 19 years, were jointly tried by Shri Gur-nam Singh. Sessions Judge, Rohtak. All three of them were charged with an offence Under Section 302 read with Section 34 of the Indian Penal Code. Om Parkash, who was alleged to have fired the fatal shots from a double barrel gun, was separately charged with an offence Under Section 302 of the Code, has been convicted thereof, and has been sentenced to death. Partap and Dalip have been acquitted of the charge against them. The judgment of the learned Sessions Judge is dated the 20th of February, 1970, against which om Parkash has filed Criminal Appeal No. 256 of 1970 which we are hereby disposing of along with Murder Reference No. 13 of 1970 made by the learned Sessions Judge for confirmation of the sentence of death.

(2.) THE pedigree-table given below lends assistance in appreciating the facts of the case, SIS RAM F _________________________________ _____________________________________ | | | | | | Surta Hari Singh Bhagwani = Dulichand Bhagwani = Desa = Kesar (P. . W. 5) (P W. 9) (P. W. 1) (P. W. 1) | | | Sahabo = Aik Singh Rajwanti Philpati (P. W. 8) (P. W. 6) It was after the death of her first husband Duli Chand that Shrimati Bhag-wani (P. W. 1) married his brother Desa.

(3.) THE Prosecution case may be stated thus. In April, 1965, Azad, a son of Dalip accused and a brother of the appellant, was murdered and, on the basis of first information report Exhibit P. J. , Aik Singh deceased was prosecuted in consequence but was acquitted on the 30th of November, 1965, by the Sessions Judge, Rohtak. In the second week of May. 1969, was celebrated the marriage of Raiwanti. daughter of Shrimati Bhagwani (P. W. 1) from her second husband Desa, and in that connection Aik Singh deceased, who was a military hand, had come to village Ismalia on leave. After the marriage celebrations, the marriage party left the village on the morning of the 12th of Mav, 1969, and Shrimati Phulpati (P. W. 6) accompanied by the deceased, his wife Sahabo (P. W. 8), Shrimati Bhagwani (P. W. 1 ). Hari Singh (P. W. 9) and Surta (P. W. 5) went to the Gandhra Railway Station, to catch the 1 p. m. train on that date for her own village. The deceased was heading the party and went to the window of the Booking Office to purchase a ticket for Shrimati Phulpati (P. W. 6 ). By then the three accused, of whom the appellant was carrying a gun and Dalip a jaili, had arrived at the railway station and the appellant was exhorted by his two companions to fire at Aik Singh which he did, hitting the deceased on the right shoulder. Exclaiming "hai mar gaya" Aik Singh fell down. Shyam Murari Lai Sirivastav (P. W. 21 ). who was the Booking Clerk issuing the tickets, heard the shot and also the moan "hai mar gaya" and at once closed the booking window. The appellant then fired another shot at Aik Singh hitting him in the left side of the face. Thereafter all the three culprits ran awav towards the village, the appellant shouting that if anv one followed them, he would be shot at. Aik Singh was found dead by his relations who had accompanied him to the railway station. Shortly afterwards the train by which Shrimati Phulpati (P. W. 6) was to travel arrived and it was then that the Booking Clerk came out of the Booking Office and saw the dead bodv surrounded by Shrimati Bhagwani (P. W. 1), Shrimati Sahabo (P. W. 8), Shrimati Phulpati (P. W. 6) and the two maternal uncles of the deceased. Imme- diately thereafter he contacted Shiv Shanker Lai, Section Controller, Northern Railway, New Delhi (P. W. 4) on telephone and told him that a murder had been committed at railway station Gandhra. This message was received by Shiv Shanker Lai (P. W. 4) at 1-14 p. m. (although the Booking Clerk says that he gave it at 1-25 p. m.) and was passed on at 1-20 p. m. to Kuldev Singh, Assistant Station Master, Railway Station, Rohtak (P. W. 3) who in turn transmitted it to Assistant Sub-Inspector Sada Rang, Incharge Police Post Railway, Rohtak (P. W. 23) through chit Exhibit P. C. which reached the latter at 1-30 p. m. Assistant Sub-Inspector Sada Rang (P. W. 23) arrived at the Gandhra Railway Statidn at 2. 55 p. m. on the same dav and found lying near the booking window the dead body of Aik Singh surrounded bv his relations mentioned above. He recorded the statement (Exhabit P. A.) of Shrimati Bhagwani (P. W. 1) which was completed at 3-30 p. m. The Assistant Sub-Inspector prepared the inquest report and despatched the dead body to Rohtak under the escort of Constable Bagicha Singh (P. W. 13 ). Bloodstained earth was secured by the Assistant Sub-Inspector from the place where the dead body had been found. Statement Exhibit P. A. was carried by the 6-30 p. m. train by Dharam Pal Singh, Rakshak R. P. F. (P. W. 14) to Jind where formal first information report Exhibit P. A. /l was recorded on the basis thereof at 9-35 p. m. by Head Constable Fateh Chand (P. W. 22) at the Railway Police Station. A copy of the first information report was brought by Dharam Pal Singh (P. W. 14) back to Gandhra where he delivered it to the Assistant Sub-Inspector. As there was no constable available at the Jind Railway Police Station, the special report was entrusted by Head Constable Fateh Chand (P. W. 22) to the "guard" with the direction that the latter should hand it over at the Railway Police Post. Rohtak, next morning at 7 A. M. ' This was the course adopted by the Head Constable even though Dharam Pal Singh (P. W. 14) had to travel back to Gandhra via Rohtak. The special report was received by the Ilaqa Magistrate at Rohtak on the 14th of May, 1969, at 10-15 A. M. Constable Bagicha Singh (P. W. 13) reached Rohtak with the dead body at about 8 P. M. on the 12th of May, 1969,where it was kept for the night in the premises of the Medical College and Hospital (and not in the "dead-house") because the Constable was unable to contact anv Medical Officer till the next dav. The autopsy was performed on the 13th of May, 1969, from 11-50 A. M. on wards by Dr. P. N. Chhabra, Chief Medical Officer (P. W. 2) who found on the dead body various injuries which he has described thus: 1. Lacerated wound, 1" x 1/2" iust outer to mouth, left side. The edges of the wound were tattooed and there was deposit of the burnt powder on the skin around. Internally this wound was directed upwards and backwards to the skull. 2. Elongated lacerated wound, 1/2" X 1/5", on the left cheek. The edges were charred and tattooed. Internally the wound was directed backwards and downwards. 3. Oblique lacerated wound, 1/2" x 1/5", half inch below the left ear. Wounds Nos. 2 and 3 were through and through.