OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order of Additional Sessions Judge, Hissar dated 18th October, 1985 whereby the present appellant was convicted under Section 304 Part I of the Indian Penal Code, holding that Om Parkash had right of self-defence to begin with, but he exceeded the same by giving 11 blows to the deceased and, was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 500/-. In default of payment of fine he was further ordered to undergo, further rigorous imprisonment for one year, whereas, his co-accused Sia Ram Raja Ram Singh and Narsi Ram were acquitted holding that the prosecution has not been able to establish its version, and their participation was doubtful.

(2.) IN brief facts relevant for the disposal of this appeal as emerge from the first information report recorded on the basis of the statement of Sohan Lal an alleged eye-witness, are, that on 1-2-1985 his son Ram Sarup deceased was playing cards with Raja Ram and Om Parkash accused and one Hanuman in the street of their village. Ram Sarup threw the cards and said that he did not want to play. Om Parkash accused slapped Ram Sarup who went back to his house. After some time i.e. at about 3 P.M., Om Parkash accused armed with a lathi, his brothers and co-accused Ram Singh and Narsi Ram armed with a licensed gun and Barga, a blunt weapon, respectively, Sia Ram armed with a Jaily and latter's brother Raja Ram armed with a knife came to the house of Sohan Lal PW and raised lalkara addressing Ram Sarup to come out of his house. Sohan Lal, first informant, pleaded with the accused with folded hands, that it was a minor matter and they should go away. All the five aforesaid accused, however, retorted that they would teach a lesson to Ram Sarup. Thereafter all the aforesaid Five accused committed trespass in the house of Sohan Lal PW. Om Parkash pushed aside Sohan Lal whereas Raja Ram gave a knife blow hitting Sohan Lal PW on his thumb at two places. Both Sohan Lal and Lilawati widow of the deceased tried to rescue Ram Sirup. Narsi Ram gave a Barga blow on the head of Ram Sarup, who, became unconscious and fell down. Ram Singh then fired a shot from his gun. Om Parkash accused gave a lathi blow to Ram Sarup while the latter was already lying fallen on the ground, whereas, Sia Ram accused gave a Jaily blow on his left leg. Thereafter all the five accused took away Ram Sarup to the house of Ram Singh accused and bolted the door from inside with the intention to kill Ram Sarup. Out of fear Sohan Lal and widow of the deceased Lilawati did not go to the house of Ram Singh accused.

(3.) THE learned counsel for the parties were heard and record of the trial court was carefully perused with their help.