OM PARKASH ALIAS OMMI Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS , Satyavan, Om Parkash alias Ommi and Om Parkash son of Fatia alongwith accused Sagar Mal and Raju were convicted by Additional Sessions Judge, Bhiwani, vide his judgment dated 14.9.1990 and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 200/- each under Section 302/149, Indian Penal Code, to undergo imprisonment for a period of ten years and to pay a fine of Rs. 100/- each under Section 460 Indian Penal Code and to undergo imprisonment for a period of 10 years and to pay a fine of Rs. 100/- each under Section 412, Indian Penal Code or in default of payment of fine of Rs. 200/- each accused was ordered to further undergo RI for three months and in default of payment of fine of Rs. 100/- each on two counts, each accused was to further undergo RI for one month under each count. All the substantive sentences were, however, ordered to run concurrently. Om Parkash alias Ommi S/o Deep Chand has preferred the instant appeal while separate appeals were filed by Om Parkash S/o Fatia, Satyavan S/o Mange Ram and Raju S/o Sis Ram, being criminal Appeals No. 379-DB 422-DB of 1990 and 171 DB of 1992. Since all the four appeals arise out of one and the same judgment and rest upon the appraisal of same evidence. There are being disposed of by a common judgment recorded in Criminal Appeal No. 330-DB of 1990. Sagar Mal S/o Deep Chand accused has not filed any appeal.

(2.) SHORN of unnecessary details the case of the prosecution is that Shiv Lal since deceased was married to Smt. Giggi Devi deceased. The couple was issueless. Shiv Lal had three brothers namely Gobind Dass, Nanu Ram, and Megh Raj, Shiv Lal deceased had adopted his brother Megh Raj's son Murari Lal. Murari Lal was adopted at the age of 10 years and since then he had been residing with his adoptive parents. Shiv Lal had arranged the marriage of Murari Lal, who has his sons and daughters. About 1-1/2 or two years prior to the murder of Shiv Lal, and his wife Giggi Devi, Murari Lal had taken separate residence from his adoptive parents and started residing on the first floor in the Commission Agent Shop in Siwani Mandi, which was jointly run by Shiv Lal and Murari Lal. Shiv Lal deceased had also a Daal Mill in Siwani which was not in operation. Shiv Lal and Giggi Devi were residing in their old house situated near the Bank Building. Shiv Lal had another house which was lying vacant at that time.

(3.) DR . G.P. Saluja, SMO General Hospital, Bhiwani (PW-1) conducted post mortem examination on the dead body of Giggi Devi wife of Shiv Lal while Dr. Tirloki Bhushan Gupta, MO General Hospital Bhiwani (PW-2) conducted post-mortem examination on the dead body of Shiv Lal. The Doctors opined that death in both the cases was due to asphyxia caused by strangulation, which was ante-mortem in nature and was sufficient to cause death in due course of time. Appellant Ommi and accused Sagar were arrested and they made extra-judicial confessions before Chhotu and Gulabi PWs. disclosing that they alongwith their co-accused Raju, Om Parkash and Satyavan had murdered Shiv Lal and his wife Giggi Devi. On interrogation by the Police, the accused got recovered articles like watch, ring, money of Shiv Lal, sarees, kanthi, Jaimala and buzlis belonging to Giggi Devi. Speciman moulds of foot prints were taken because crime branch of Hissar had already lifted moulds of foot prints from bagicha, adjoining to the house of Shiv Lal. Finger Print Bureau expert had taken a glass on which he detected finger impressions, thereafter finger prints of the accused were also taken which were got compared.