OM PRAKASH ALIAS PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28.8.1993 passed by the Additional Sessions Judge, Panipat, by which the appellants were convicted and sentenced as under :- Each of the appellants, namely, Om Parkash, Ramesh and Satbir. u/s 302/34 IPC. To undergo imprisonment for life and to pay a fine of Rs. 500/- and, in default of payment of fine, to undergo further rigorous imprisonment for six months. Each of the appellants, namely, Satbir and Ramesh u/s 25/27, Arms Act To undergo rigorous imprisonment for two years. Om Parkash appellant u/s 27, Arms Act To undergo rigorous imprisonment for two years.

(2.) ALL the substantive sentences of imprisonment of each of the appellants were directed to run concurrently. However, Smt. Mamo and Suresh, co-accused of the appellants, were given the benefit of doubt and acquitted of the charges by the Additional Sessions Judge, Panipat.

(3.) THEREAFTER , PW-19 Raj Singh Sub Inspector alongwith PW-18 Maha Singh and PW-3 Mehar Singh Photographer reached the spot in village Nara where the dead body of Dharam Pal was lying. PW-3 Mehar Singh took photographs (Exhibits PC/1 to 9) of both the places of occurrence, whose negatives are Exhibit PC/10 to 18. Ajmer Singh PW was also with the police party at that time. PW-19 Raj Singh Sub Inspector inspected the spot and prepared inquest report Exhibit PD/2 regarding the dead body of Dharam Pal. Sube Singh son of Ram Dia also came there and he was joined in the investigation of the case. PW19 Raj Singh took blood-stained earth from the spot, which was made into a sealed parcel and the seal, after use, was handed over to Sube Singh and the sealed parcel was taken into possession, vide recovery memo Exhibit PV. Two cartridges (one empty and the other missed), Exhibits P-15 and P-16, were taken into possession from the spot by making into a sealed parcel, vide recovery memo Exhibit PU. One empty bag Exhibit P-13 (Katta) and one bushirt Exhibit P-14 were made into a sealed parcel which were taken into possession, along with the cycle Exhibit P-12 and Pulli, vide memo Exhibit PT attested by the witnesses. PW-19 prepared rough site-plan Ex.PAA. Meanwhile, PW-21 Hardeep Singh, Assistant Sub Inspector, along with other police officials joined him and he (PW-21) was deputed to prepare inquest report of Dhulla deceased at the baithak of Raghbir Singh. Mehar Singh Photographer and Maha Singh complainant were also sent with him. The dead body of Dharam Pal was lifted, put in a tractor-trolley and taken to the spot where the second murder had taken place. PW-19 Raj Singh Sub Inspector correctly recorded the statements of Jasmer Singh and Sube Singh, witnesses. PW-21 Hardeep Singh, Assistant Sub Inspector, along with Maha Singh and PW-3 Mehar Singh Photographer went to the spot and found Inder Singh PW sitting near the dead body of Dhulla. He inspected the spot and the place of occurrence was photographed. At 4-00/500 p.m., he prepared inquest report Exhibit PR/6 with respect to the dead body of Dhulla. PW-12 Raj Singh Sub Inspector along with other police officials, also reached there. PW-21 Hardeep Singh, Assistant Sub Inspector, handed over the inquest report and other papers regarding the dead body of Dhulla to him. PW-19 Raj Singh Sub Inspector lifted blood-stained earth from the second place of occurrence and made it into a sealed parcel Exhibit P-20 which was taken into possession, vide memo Exhibit PBB attested by the witnesses. The seal, after use, was handed over to Sube Singh. Five cartridges, i.e., two empty cartridges (Exhibits P-21 and P-22), one missed cartridge and the other two live cartridges, were lifted from the spot and were taken into possession after making them into a sealed parcel, vide memo Exhibit PCC. The ropes (Exhibit P-23) of the cot, which were blood-stained, were cut from the cot, made into a sealed parcel and taken into possession, vide memo Exhibit PDD, along with the cot (Exhibit P-24). Sube Singh and Ram Sarup, witnesses, attested all the memos. PW-19 recorded their statements under section 161 of the Code of Criminal Procedure. He prepared rough-site plan (Exhibit REE) of the place where the dead body of Dhulla was lying. A pair of shoes, which were lying near the dead body, were sent along with the dead body. The dead body of Dhulla was also put in the same tractor-trolly in which the dead body of Dharam Pal was lying and both the dead bodies were sent to Civil Hospital, Panipat, for post-mortem examination.