OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONVICTIONS are supposed to be recorded by the trial Courts on legal, reliable and satisfactory evidence and the lower Courts are reminded of a basic principle of law that every accused standing in the dock will be presumed to be innocent unless the evidence is proved against him. It is the prosecution, which is to bring reliable, cogent and satisfactory evidence before arguing the matter before a Criminal Court that the charge has been proved against the accused beyond any reasonable doubt.

(2.) HERE is the case wherein the opinion of this Court, the trial Court has acted in an illegal manner in recording the conviction under Section 304 Part -I, Indian Penal Code, against the present appellant Shri Om Parkash, who was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 10,000/ -. In default of payment of fine, the appellant was ordered to undergo rigorous imprisonment for a period of one year.

(3.) THE story of the prosecution can be described as follows : Deceased Ram Sarup gives his statement (Ex. PM) before A.S.I. Rajinder Singh on 26th April, 1994, alleging that he was a resident of village Barodal. He had eight brothers out of whom four brothers resided separately. Yesterday, i.e., on 25th April, 1994 at about 8 p.m. he alighted at Bus Adda of village Barodal, where he met Om Parkash son of Shri Sohan Lal, resident of Barodal. Said Shri Om Parkash had also parked his four -wheeler at the Bus Adda of Barodal. On seeing the deceased, said Om Parkash brought liquor from the liquor vend and thereafter the deceased and the accused started taking liquor inside the four -wheeler and proceeded towards their respective Dhani. Two more persons also came there and they also boarded the four -wheeler. After covering a distance of 6/7 kilometres, Om Parkash accused stopped the four -wheeler and he started causing injuries with slaps, fists and legs upon the deceased. Two other persons alighted from the four wheeler and they also started causing harm to the deceased by catching hold of his neck, legs and arms. It is alleged by the deceased in his statement (Ex. PM) that he raised raula "Mar Ditta Mar Ditta" on hearing which his brother Ram Kumar came at the spot. Some more persons also came on the spot. Om Parkash and his two companions gave injuries to the deceased and after causing injuries, they fled away on the four -wheeler. His brother Ram Kumar and his other brother Pappu, who also arrived at the spot, took the injured firstly to their Dhani on a tractor. It is alleged by the complainant that he is not in a position to identify those two persons who allegedly assisted Om Parkash in the commission of the crime. Moreover, those two persons can be identified by his brothers Ram Kumar and Pappu. On the next morning, i.e., on 26th April, 1993, he was brought to the Civil Hospital Fatehabad, where he was got admitted. According to the complainant, he and Om Parkash earlier had a quarrel between them. The brotherhood intervened into the matter and it was thought proper on his part not to take any legal action. Statement Ex. PM was read over and explained to Shri Ram Sarup, who thumb -marked the same in token of its correctness. Shri Rajinder Singh, A.S.I., made endorsement (Ex. PN/1) underneath the said statement and did not think proper for ordering the registration of the formal F.I.R., but he kept the matter pending till the receipt of the report of X -ray examination.