OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant challenges his conviction under Section 302 IPC, for which he has been sentenced to undergo life imprisonment and to pay fine of Rs. 500/-, in default, to undergo further RI for three months. He has also been convicted under Section 27 of the Arms Act, for which he has been awarded lesser sentence to run concurrently with the life imprisonment.

(2.) CASE of the prosecution is that the appellant was employed in the CRPF. He alongwith Surinder Pal PW-6 and others left Kohima for Amritsar on 19.7.1996 by train. The train reached Ambala Cantt Railway Station on 24.7.1996 at 8-30 P.M. and halted at platform No. 6 and 7. Armoury of all the members was deposited in the cloak room. Some armoury was issued on temporary basis to the persons on duty from 10-00 P.M. to 12-00 midnight, which included the appellant Om Parkash. They were to guard the huge weapons of armoury kept in the cloak room and luggage at the platform. Hiramani Tiwari, CHM was the Incharge. The appellant wanted off from the duty on the ground that he was not feeling well, but the same was not allowed. He aimed his gun, SLR-762 M.M. IAI, towards Hiramani Tiwari and said the he will teach him a lesson for giving him the duty. He then fired the rifle and shot him. He fired 3/4 shots. Hiramani Tiwari fell on the platform and blood came out in large quantity. He was lifted by K.B. Chander Shekhar and 2/3 other recruits and was taken to Civil Hospital, Ambala Cantt. PW-4 Pishori Lal, ASI, GRPS, Ambala Cantt. who happened to be at the platform, recorded the statement of PW-6 Surinder Pal Singh and sent the same to the police station. PW-9 Sub Inspector Ajmer Singh recorded FIR on the basis of the said statement and proceeded to the spot for investigation. On the way, he received a message from the hospital and went to the hospital where he came to know that the deceased Hiramani Tiwari had expired. He prepared inquest report. He took into possession rifle Ex.P5, which was snatched by PW-6 Surinder Pal Singh from the accused after the occurrence alongwith 14 live cartridges, 4 empty-cartridges and one magazine. He also took into possession a part of stone Ex.P6 from the place of occurrence. He got the spot of occurrence photographed. After completing investigation, he sent up the accused for trial.

(3.) IN the opinion of the doctor, the cause of death was haemorrhage and shock as a result of injuries to the vital organs of the abdomen.