OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by Om Prakash alias Omi is directed against judgment and order dated 19-11-1996 passed by learned Additional Sessions Judge, Sirsa, whereby he was convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life in Sessions Case No.113 of 1995.

(2.) In nut-shell, facts culminating to the commencement of this appeal may be recapitulated thus : Surjit Singh, since deceased, (24 years) was running a Tea-stall in a Khokha (Kiosk) in the Grain Market at Kalanwali town, District Sirsa. He had also employed appellant Om Prakash at his Khokha on monthly wages of Rs. 800/- On 23-4-1995, he removed him (appellant) from his Khokha as he proved to be mischievous and did not work properly.

(3.) On 5-5-1995 at about 9.00 p.m. Surjit Singh (since deceased) in the company of Kalu Ram and Raju (PWs), after closing his Khokha, was coming towards his house. When they reached near the street Peer Khanawali, appellant Om Parkash suddenly came from behind and gave a fist blow from his left hand in the abdomen of said Surjit Singh and thereafter, he immediately gave another knife blow on his left side of the chest on the lateral aspect. As a result of this blow, Surjit Singh fell-down and raised alarm "Mar Dia. Mar Dia" (Killed-Killed). Then Kalu Ram and Raju intervened and rescued him from the clutches of the appellant. The appellant also threatened these aforesaid two persons that if they tried to catch hold of him, he would stab them also. After this occurrence, the appellant fled away from the spot. The motive behind this occurrence was that accused-appellant Om Parkash (hereinafter referred to as "the appellant") had demanded his salary of full month, whereas, he had worked only for 4-5 days. On the refusal of Surjit Singh to pay the full month's salary, the appellant committed this offence.