OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Additional Sessions Judge, Rohtak, vide his order dated 29th130th October, 1985 convicted Om Parkash appellant under Section 304 Part II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for four years and to pay a fine of Rs. 250.00 or in default of payment of fine to undergo further rigorous imprisonment for three months, whereas Raj Bir, Umed Singh and Ranbir Singh co-accused were acquitted. Aggrieved against the order of conviction and sentence passed against Om Parkash appellant, he has filed Criminal Appeal No. 527-5B of 1985, whereas, Bijinder Singh complainant filed Criminal Revision No. 961 of 1986 for conviction of all the accused and to pass sentence in accordance with law against them. Prayer was also made that legal heirs of the deceased be awarded compensation to the tune of Rs. 50,000.00. As common questions of law and fact are involved in both the appeal and revision, so these are disposed of by one judgment

(2.) In brief facts relevant for the disposal of this appeal, as emerged from the first information report lodged by Bijinder Singh, an eye witness and son of the deceased are that Rati Ram deceased used to cultivate his land by canal water from outlet No. 20000. His turn of water would come on every Wednesday from 5.34 P.M. to 7.25 P.M. Immediately thereafter the turn of water of Om Parkash would commence.

(3.) About a month prior to the present occurrence Rati Ram permitted his turn of water to be utilized by Giani Ram. Om Parkash accused did not allow Giani Ram to avail of the said turn. The latter complained about this fact to Rati Ram, Rati Ram also availed of his turn of water on 26/12/1984 as usual. This, however, annoyed Om Parkash who collected persons in front of the house of Sukhbir on 27/12/1984 at about 4.30 P.M. Rati Ram was called there and his son Bijinder Singh as well as Jagdish and Bhima PW5. were also present there along with the accused. Rati Ram stated that he would avail his turn of water separately and not jointly with Om Parkash. He also asked Om Parkash as to why he did not permit Giani Ram to use his turn of water. Om Parkash accused felt enraged. He went inside his house and brought a lathi, whereas, his co-accused Raj Bir brought a jaili. Umed Singh and Ranbir Singh their co-accused caught hold of Rati Ram, whereas, Om Parkash accused gave a lathi blow on his head and Raj Bir accused gave a jaili blow on the back of Rati Ram lathi wise. Rati Ram fell down on receipt of the injuries and became unconscious and then all the accused went away from the spot. The entire occurrence was witnessed by Bijinder Singh, Jagdish and Bhima. Rati Ram was subsequently removed to Civil Dispensary, Jhajjar in a tractor trolley. The doctor at Jhajjar referred him to Civil Hospital, Rohtak. Rati Ram was then taken to Medical College and Hospital at Rohtak where he was examined by Dr. Jatinder Aggarwal. The injured, however, died in the Medical College and Hospital, Rohtak at about 10.30 A.M. on 28/12/1984. Head-Constable Prithi Singh first went to Civil Dispensary, Jhajjar and then to Medical College and Hospital, where he recorded the statement of Bijinder Singh and on its basis formal F.I.R. was registered at the Police Station at 7.10 A.M. on 28/12/1984 under Section 308 read with Section 34 of the Indian Penal Code. After receipt of information about the death of Rati Ram the offence was convened to that under Sections 302 read with Section 34 of the Indian Penal Code. After completion of the investigation, the accused were challaned, tried and only Om Parkash was convicted and sentenced whereas other three co-accused were acquitted as already detailed earlier.