OM PARKASH ALIAS OMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) ALONGWITH the present appeal filed by convict Om Parkash @ Oma against his conviction and sentence, this Court intends to dispose of Criminal Appeal No.S -2015 -SB of 2003 preferred by complainant Balwan.

(2.) THE facts giving rise to the two appeals are that the complainant had agreed to sell his house to accused Om Parkash @ Oma for Rs.84,000/ -, out of which he had received a sum of Rs.50,000/ -. The remaining amount of Rs.34,000/ - was payable at the time of execution of the sale deed. On 19.12.2001, the complainant executed the sale deed in favour of the accused. One Pale Ram had undertaken to pay the amount of Rs.34,000/ - to the complainant. At about 4.30 p.m., the complainant, alongwith Pale Ram and the accused, left for his house. The accused requested the complainant to join him for taking drinks. All of them then went to Shehnai Hotel, Panipat where they had drinks. Pale Ram handed over the amount of Rs.34,000/ - to the complainant. After receiving the same, the complainant put the currency notes in a cloth bag. All of them, thereafter, left for Khattik Basti. Pale Ram left them as he was to meet one of his friends. At about 7.30 p.m., the complainant and the accused reached near the police lines. The latter picked up a brick and gave injuries on the head of the complainant, who fell down. The accused also snatched the bag containing Rs.34,000/ -, besides throwing the complainant in the water. Later on, the statement of the complainant was recorded, on the basis of which FIR No.423 dated 20.12.2001 under Sections 392/397 IPC was registered at Police Station Chandni Bagh, Panipat.

(3.) UPON completion of the investigation, the challan was presented against the appellant. The same was committed to the Court of Sessions, where the appellant was charged for committing the offence under Section 392 read with Section 397 IPC, to which he pleaded not guilty and claimed trial.