OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Two appellants namely Om Parkash and Dahlia stand convicted by the learned Sessions Judge, Kamal vide his order dated February 22, 1983. The learned trial Judge sentenced the appellants as under: Six of their co-accused, namely Krishan. Dharam Singh, Raghbir Singh, Mai Chand, Babu and Man Singh, who were also tried alongwith the appellants were acquitted of the charges since case against them was not proved beyond reasonable doubt.

(2.) Smt. Karmo prosecutrix P.W. 8 was married to Om Parkash appellant about a year before the present occurrence which took place on 10th August, 1982 at 11-00 A.M. Smt. Karmo subsequently got married to Raj kumar P.W.7. Om Parkash appellant had obtained a warrant of production of Smt. Karmo in the court under Section 97 Criminal Procedure Code. Smt. Karmo P.W. however, when produced in the Court, was not willing to go with Om Parkash appellant instead she was keen to go with Raj Kumar P.W. 7. Another complaint was lodged by Om Parkash appellant against Raj Kumar P. W. alleging that he had abducted his wife. That case was also pending in the Court of Sessions Judge and in that connection on 10th August, 1982, Smt. Karmo P.W. had come to attend the proceedings accompanied by Raj Kumar P.W. 7 and Ram Karan P.W. 10. After the close of the proceedings, when Smt. Karmo, Raj Kumar and Ram Karan P.Ws. were going in a car at about 11.00 A.M., they were stopped by some persons sitting in the four-wheeler near the railway crossing on the Kaithal road. About twenty persons including the present appellants alighted from the four wheeler. They were armed with Lathis. They caught hold of Smt. Karmo P.W. and started giving her Lathi blows. When Raj Kumar P.W. tried to intervene he was also given Lalthi blows which resulted in the fracture of nasal bone of Raj Kumar P.W.7. Smt. Karmo P.W. was then taken away by those people forcibly in that four wheeler. Raj Kumar P.W. came to police post Ram Nagar where he made statement Exhibit PK, the same day at 11.00 A.M., on the basis of which formal first information report Exhibit P0/3 was registered at Police Station City Kamal, the next day at 5.25 P.M. Om Prakash and Dhulia U/s 148 IPC R.I. for one year and to pay a fine of Rs. 100/- each, in default R.I. for six months - do - U/s 325/149 IPC R.I. for one year and to pay a fine of Rs. 100/- each, in default R.I. for six months. Om Parkash U/s 326 IPC R. I. for five year and to pay a fine of Rs. 500/- in default R.I. for one year. Dhulia U/s 326/149 IPC R.I. for three years and to pay a fine of Rs. 200/- in default R.I. for nine months. Om Parkash and Dhulia U/s 366 IPC R.I. for five years and to pay a fine of Rs. 500/- each, in default R.I. for one year.

(3.) Smt. Karmo P.W. was then taken to village Pacholia in the fields of one Brahmin. Appellant Dhulia and his co-accused, namely Dharam Singh and Babu (since acquitted) committed rape upon Smt. Karmo. Om Parkash appellant is then alleged to have thrown acid on the thighs and buttocks of Smt. Karmo which resulted in some burns on her body. She was kept in confinement in village Pacholia for two days and one night. From there she was taken to village Saman Bhau by the two appellants and their coaccused and kept her in the house of Man Singh for one night and one day. Next day she was taken to Ambala where she was kept for another 2/3 days. Then five of the coaccused of the appellants, namely Dharam Singh, Krishan, Mai Chand, Raghbir Singh and Babu brought her to Kamal in a car. While she was being removed to Civil Hospital, Kamal on a Charpai by the aforesaid five persons, on the way Suraj Bhan P. W. II, father of the prosecutrix along with some police officials, met them. All the five persons were arrested then and there. Smt. Karmo P.W. was admitted to the Civil Hospital, Kamal where she was medically examined by Dr. Shiv Narain Chug P.W. 1 on 16-8-1982 at about 12.10 A.M. and found the following injuries on her person: