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High Court Of Delhi
OM PARKASH - Appellant
Versus
STATE OF DELHI - Respondent
CRIMINAL APPEAL 209 of 1978
Decided On : 05/03/1979
CRIMINAL APPEAL - [SECTION 302/34, INDIAN PENAL CODE] - FACT OF THE CASE, FINDING OF THE COURT, ISSUES, RATIO DECIDENDI, FINAL DECISION, MAIN LEGAL POINT, CATEGORY, SUB-CATEGORY
Fact of the Case:
Om Parkash alias Omi and Chuni Lal were convicted under section 302/34, Indian Penal Code, and each of them was sentenced to imprisonment for life by the Additional Sessions Judge, Delhi. The prosecution case was that on the night of February 3, 1977, Head Constable Dhara Singh and Constable Ram Datt were patrolling their area on a motor-cycle. At 11.00 or 11.15 P.M. on their way to the car parking area of Ajmeri Gate from Turkman Gate they saw the appellants chasing Puran Singh (deceased), Om Prakash alias Omi appellant was carrying an open knife in his hand while Chuni Lal appellant was unarmed. Chuni Lal overtook Puran Singh near the iron railing of the parking area and gave first blows on his face. In the meantime Om Parkash reached there. Chuni Lal shouted "omi mar chakoo", whereupon Omi gave a knife blow on the back of right buttock of Puran Singh. The head constable stopped his motor-cycle and ran after the assailants. Constable Ram Datt joined the chase. The head constable was able to apprehend Chuni Lal, Omi appellant, however, succeeded in escaping. He ran away towards the nearby railway bridge. Constable Ram Datt ran after him. One Udey Singh joined the constable in the chase.
Finding of the Court:
The court found that the evidence of the two eye-witnesses, Head Constable Dhara Singh and Constable Ram Datt, was unreliable and that the investigation had been mala-fide. The court also found that the first information report was fabricated and that the exhortation "omi mar chakoo" was a false statement put in the mouth of Chuni Lal in order to make him liable for murder as well as to get at the other appellant.
Issues: 1. Whether the evidence of the two eye-witnesses was reliable. 2. Whether the investigation had been mala-fide. 3. Whether the first information report was fabricated.
Ratio Decidendi: 1. The court found that the evidence of the two eye-witnesses was unreliable because: a. They had not seen the stabbing. b. Their conduct after the incident was suspicious. c. They had been shown the appellants before the test identification parade was held. 2. The court found that the investigation had been mala-fide because: a. The first information report was not promptly recorded. b. The case diaries were not written at the time and place they purported to be. c. The investigating officer had not sent the case diaries to his superior officer immediately. d. The copy of the first information report was not sent to the Ilaqa Magistrate immediately. 3. The court found that the first information report was fabricated because: a. The name of Aslam, which was never given by H.C. Dhara Singh, had been introduced by the person recording the first information report. b. The exhortation "omi mar chakoo" was a false statement put in the mouth of Chuni Lal in order to make him liable for murder as well as to get at the other appellant.
Final Decision: The court allowed the appeals, quashed the convictions of the appellants, and set aside the sentences awarded to them.
( 1 ) OM Parkash alias Omi and Chuni Lal have been convicted under section 302/34, Indian Penal Code, and each of them has been sentenced to imprisonment for life by Mr. R. L. Gupta, Additional Sessions Judge, Delhi. Separate appeals challenging the convictions have been filed by Om Parkash and Chuni Lal. These are being disposed of by this judgment.
( 2 ) THE prosecution case, in brief, is this. On the night of February 3, 1977 Head Constable Dhara Singh and Constable Ram Datt were patrolling their area on a motor-cycle. At 11. 00 or 11. 15 P. M. on their way to the car parking area of Ajmeri Gate from Turkman Gate they saw the appellants chasing Puran Singh (deceased), Om Prakash alias Omi appellant was carrying an open knife in his hand while Chuni Lal appellant was unarmed. Chuni Lal overtook Puran Singh near the iron railing of the parking area and gave first blows on his face. In the meantime Om Parkash reached there. Chuni Lal shouted "omi mar chakoo", whereupon Omi gave a knife blow on the back of right buttock of Puran Singh. The head constable stopped his motor- cycle and ran after the assailants. Constable Ram Datt joined the chase. The head constable was able to apprehend Chuni Lal, Omi appellant, however, succeeded in escaping. He ran away towards the nearby railway bridge. Constable Ram Datt ran after him. One Udey Singh joined the constable in the chase.
( 3 ) PURAN Singh, after receiving the injury, walked a few paces and fell down. The head constable noticed a cycle rickshaw and directed the rickshaw puller to take the injured to the Irwin Hospital. While the injured was being put in the rickshaw, a passport belonging to one Jagdish Chand fell from his pocket. This passport was picked up by the head constable. It was later on discovered that the passport had been stolen. The injured was medically examined at 11. 20 P. M. by the doctor posted at the Casualty Department of the hospital and was declared dead. Constable Siri Niwas, who was on duty at the casualty, telephoned Police Station Kamla Market at 11. 45 P. M. and informed the latter that an unkonwn dead man has been brought to the hospital by one Aslam. This information was conveyed to Inspector Bal Krishan Tanwar, Station House Officer of the Police Station. The Inspector alongwith Sub-Inspectors Neel Kant and Shiv Narain went to the hospital. After collecting the death certificate of the deceased all of them came to the scene of crime. Head Constable Dhara Singh made a statement (Exhibit Public Witness 1/b) which was recorded by Inspector Tnwar. At 1. 05 A. M. this statement despatched to the police-station for registration of a case. Custody of Chuni Lal appellant was taken over by the Inspector. At about 2 A. M. Constable Ram Dutt came back to the scene and reported his failure to apprehend Omi appellant.
( 4 ) ON February 4, 1977 the Inspector held an inquest on the dead body of Puran Singh and sent the same for post-mortem examination. Dr. Bishnu Kumar (Public Witness 2) of Maulana Azad Medical College performed the post-mortem examination at 10. 30 A. M, on February 5, 1977. He found the following injuries :
"1. Abrasion 0. 5 x 0. 5 cm just above the middle part of right eyebrow.
2. Bruise 3. 2 x 2 cm over left cheek bone prominence with an abrasion 0. 6 x 0. 4 cm in its middle region.
3. Abrasion 1 x 0. 6 cm just below right ear over the angle of right lower jaw bone.
4. Fracture of the right side of nasal bone.
5. Abrasion 1 x 0. 5 cm on the front of the right knee joint.
6. Incised punctured wound 2 x 0. 5 cm vertical and abdominal cavity deep, situated on right buttock 5 cm from mid- line just at the level of the upper and of internal bruise. Blood was coming out of wound on pressure. Both the angles of the wound were acute. "injury No. 6 was found to have been caused by double-edged sharp weapon. It was about 12 cm deep. This injury had "cut the full thickness of the buttock muscles, then entered the palvic cavity through the sac
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