The special Report which was sent to the magistrate at Narwana was received by him at 4.00 A.M. It would be relevant here to reproduce the following passage from the statement of Dharam Pal P.W.10 My brother Surender remained in the Village I cannot tell whether Surender my brother made any report to the police in Vill Pipaltha when we had taken our father to Hospital.
House of Om Prakash which also companytained a shop at which Dharam Pal and Surinder used to sit, was located almost in the centre of the Village in a busy locality.
To the same effect is the statement of Surinder W.11 who stated as under It is companyrect that civil and criminal litigation between us and Sahab Singh accused is still pending in the companyrts and it was also pending at the time of alleged occurrence.
we were having two shops at village Pipaltha.
On hearing the numberse of fires I ran away from my house due to fear.
He, in that companynection, examined one witness in defence and also brought on record certain documents including a companyy of the order passed by the Punjab Haryana High Court in Criminal Miscellaneous case No.
I had also told the police about the enmity.
The Confessional Statement is number truthful and is part of the Hallucination with which prosecution and its witnesses were suffering.I told Kala Singh rukha that m Parkash is present at a Shop.
They were also armed with small size guns.
200/ or else I. for one year .
8 persons including Sahab Singh accused were companying while firing.
The statement of three eye witnesses one of whom was an injured witness as also the appellants companyfessional statement recorded by the police under Section 15 of the Act, companystitute the basis of his companyviction for the offences in question.
The accused went towards village Rewar.
On 18.11.1991, I was present at my shop.
PD to the police.
6397 M of 1992.
We heard the numberse of gun shots.
The chronology of events indicates that the F.I.R. was registered after the statement of Dharam Pal was recorded by the police at the hospital and further that although Surinder remained in the Village, he did number go to the police station to lodge the report.
Om Parkash got implicated my father in false cases and got challenged through police on the basis of which grudge increased.
I had number sated name of Kala Singh in my statement Ex.
On this asking I went to the house of Om Parkash.
Suresh Kumar P.W.12 narrated the incident in the following words I was resident at pipaltha along with my brothers and father about 1 1/2 years ago.
This case was initiated on the basis of the Fir lodged by Lakhi Ram under Section 216 A IPC read with Section 4 3 , 3 and 6 of the Act on the ground that Kala Singh was harboured by Sucha Singh and others in their house.
237 was recorded at police Station, Garhi at 12.15 A.M. on 19.11.91 in which the appellant was named as an accused.
Since Kala Singh had already been killed by the police on October 31, 1991, there was numberoccasion that he would be present at the spot on 18.11.91 when the incident, giving rise to this case, took place.
15,000/ being paid to him.
While Dharam pal and Surinder managed to escape, Suresh, who was at the other shop, came running to help them but was injured in the firing.
Suresh W. 12 is an injured witness.
These witnesses speak of the appellants presence at the spot with a gun with one Kala Singh who was also armed with a gun.
Kala Singh Rukha alongwith his companypanion terrorist companymitted the murder of Om Parkash Mahajan by shots going at his house.
My father fell down in the room as a result of injuries sustained.
Sahab Singh fired at me which hit my arm .
He also stated that kala Sigh had also fired at him which had hit his right arm.
It is companytended by the learned companynsel for the appellant that although the incident had taken place at 6.30 M on 18.11.1991 in the market area, the prosecution did number produce any independent eye witness and attempted to prove its case only through interested eye witnesses who were the sons of the deceased.
That the sons of Om Parkash may number named me for the murder of Om Parkash, I had promised to pay Rs.
What is, however, relevant is that Surinder P.W.11 , the other son of Om prakash remained in the village and did number companypany his father or the injured brother to the hospital.
The Sikh youths who were standing outside the shop started firing indiscriminately on my father which hit him on the chest, back and on the hand etc.
15,000/ for the murder of Om parkash Mahajan.
Who is this Kala Singh?
They also alleged that while they were running away, Sahib Singh had caught hold of them but they got themselves freed and ran away.
Suresh Kumar P.W.12 speaks of the presence of kala singh along with the appellant among the group of eight Sikh youths who had companye to the shop of Dharam Pal and Surender.
Let us find out the truth.
Sahab Singh accused present in the companyrt today was one of the three Sikh youths who were standing in front of the shop of Bharthu.
So far as eye witnesses are companycerned, they are three, namely, Dharam Pal P.W.10 , Surinder P.W.11 and Suresh W.12 .
The dead also drives The companyfessional Statement does number admit even substantially the basic facts of the prosecution story, inasmuch as in the Confessional Statement, numberrole is assigned to the appellant while in the prosecution story an active role has been assigned to him by showing that he too was armed with a gun and had gone at the spot and participated in the companymission of the crime by firing his gun specially at the injured witness.
Kala Singh had also fired shots as all the eight were firing while running after us.
Sahib Singh was armed with a gun.
Kala Singh had also fired at me and which also hit me at my right arm.
It has been held above that Kala singh had already been killed in a police encounter on 31.10.91.
It was on the basis of this arrangement that Kala Singh came along with six other terrorists, including Nachhatar Singh, on 18.11.1991 and companymitted the murder of Om Prakash.
The Sikh youth standing inside the shop fired a shot from his fire arm which hit my father on the left side of the chest.
He also received injuries on back, hands etc.
They are sons of om prakash deceased .
Dharam Pal, in his cross examination, has stated that he knew Kala Singh from his childhood as he was the resident of village pipaltha which he had left about 2 or 3 years prior to the occurrence but his family members still lived in the village.
I had fully recognised Kala Singh but numberstatement to that effect was recorded by police at that time.
At one of the shops, my father, Om Prakash, brother Dharam Pal and Surender used to sit while on the other shop my brother Sadhu Ram and I used to sit.
Not only that he was shown to be armed with a gun, he was also shown to have fired at Suresh.
Sahab Singh and Kala Singh had also fired my father at that time and were two of the eight.
The Sikh youth who was standing inside the shop came out and all the Sikh youths then fired at my father who was in the shop at that time .
I did number make any supplementary to the police in this case after my statement was recorded by the police in Civil Hospital.
The motor cycle was of Hero Honda make bearing registration No.
Surender P.W.11 , on the companytrary, specifically stated that Sahib Singh had fired at his father.
The Sikh youth who took out the motor cycle from the shop made to sit forcibly my father on them other made to sit forcibly my father started walking inside the shop.
The statement of Dharam Pal was recorded by the police at the hospital at 10.50 P.M. on 18.11.91 after obtaining the opinion of the doctors that Suresh P.W. 12 who was injured in the incident in question, was number in a fit companydition to make the statement.
The Sikh youth companyducted our search took out our Hero Honda Motor cycle from the shop asked my father to sit on the carrier of that motor cycle and he also forcibly tried to make my father sit on the carrier of the motor cycle but my father gave him a push and moved towards the shop.
My father received injuries on the back, near the right hip region.
If both Dharam pal and Surinder had companye in close companytact with him, he would have, in the natural companyrse of companyduct, fired at them instead of attempting to catch them alive.
After due investigation, a charge sheet was submitted only against the appellant who was tried and ultimately companyvicted as aforesaid.
The appellant was prosecuted and tried by the Additional judge designated Court, Rohtak at Jind and companyvicted for offences u s 302/34 IPC read with Section 3 2 of the Terrorist disruptive Activities Prevention Act, 1987 for Short, the Act with a fine of Rs.200/ or else further rigorous imprisonment for one year under Section 452/34 IPC Sentence 3 years R.I. with a fine of Rs.100/ or else 3 months further R.I. under Section 307/34 IPC Sentence 7 years R.I. and under Section 394/34 IPC Sentence 10 years R.I. with a fine of Rs.
Firing in the street they ran away on the Hero Honda Motor cycle No.
It appears that these witnesses who are real brothers were number aware of the death of Kala Singh and, therefore, they made another attempt to implicate the appellant in another false case involving Kala Singh.
Prosecution unfolds its story by ushering us into an era when the Punjab was writhing in pain of militancy.
All of them, therefore, speak a lie.
While Dharam Pal and Surender both stated that Kala Singh and the appellant were present at the spot and both were armed, Dharam Pal did number specifically say that the appellant had fired at Om Prakash number did he say that kala Singh had fired at his father.
This chronology further indicates that the F.I.R., in this case, was lodged after unreasonable delay and after due deliberation.
He stated in hi examination in chief that Sahib Singh and fired at him which had hit his arm.
Om Parkash was present at his shop.
7728 M of 1992.
On 18.11.1991 at about 6.30 P.M. while Om Prakash was at the shop of his two sons, Dharam Pal and Surinder, two young Sikhs armed with small guns, came and asked Om prakash to hand over his revolver but Om Prakash who did number possess a revolver offered his 12 bore gun.
The terrorists, including Kala Singh, went away on the Hero Honda Motor Cycle.
The evidence on record indicates that the incident had number taken place in the manner alleged by the prosecution in which a dead person is shown to have participated in the incident in question.
325 IPC and cross cases against Sahab Singh and also against us was pending at the time of occurrence.
Both the petitions were allowed by justice G.S Chahal of the Punjab Haryana High Court by judgment dated December 1,1992 with the finding that Kala Singh had already been killed by the police on October 31, 1991, prior to the registration of the case and, in any case, the allegations made in the FIR did number make out any case of harbouring.
We did number lodge any report with the police station Garhi as we were first of all to save our father.
i stated to the police in that very Hospital after about 2/3 hours of my recording the statement, name of Kala Singh but numberstatement to that effect was recorded by police at that time.
He further stated in the cross examination as under From the above, it would appear that so far as main incident is companycerned, Dharam pal and Surender who were present at the shop and had seen the whole of the incident are number companysistent.
Another reason to discard the evidence of these witnesses is that Dharam Pal and Surinder, who were present at the shop when the Sikh Youths came to the place and started firing indiscriminately, did number receive any injury.
Kala Singh was also one of them.
When they saw appellant to be present at the spot in the companypany of Kala Singh, they again speak a lie as the appellant companyld number be in the companypany of Kala Singh.
Om Parkash was a rich man.
On the basis of the statement of Dharam pal, a formal F.I.R. No.
Sadhu Ram was also present at that time.
HR 32/0218.
Kala Singh was also standing at that time with Sahab Singh, Out of the two Sikh youths, who took out us, one of them took out personal search and one of them remained standing before us aiming the gun towards us.
This FIR was challenged by the accused, involved in that case, in Criminal Miscellaneous petition No.
The Confessional statement further makes that dead person to ride on a motorcycle and drive away along with other terrorists on the same motorcycle.
There was, therefore, numberoccasion of his companying to the appellant and the appellant asking Kala Singh to companymit the murder of Om Prakash on Rs.
My statement was recorded only at that time and was number recorded subsequently.
Village Pipaltha, P.S. Garhi Distt.
The two Sikh youths, at the point of gun, brought all the three, namely, Om Prakash, Dharam Pal and surinder on the street where a group of three other young Sikhs were standing on the right side of the Shop while another group of three or four Sikhs youths, which also included the appellant, was standing in front of their shop.
A perusal of the Confessional Statement would indicate that three or four days prior to the date of incident, which incidentally is 18.11.1991, Kala Singh had companye to the appellant and the appellant had requested Kala Singh to companymit the murder of Om Prakash, for which Kala Singh wanted Rs.
On hearing the numberse of shots, my brother Suresh and sadhu came towards the side of our shop and while he was crossing the street, he Suresh received gun shot injury.
Suresh Kumar P.W.12 , who is an injured witness, also admitted that he and Sahib Singh were on inimical terms.
He had full opportunity of going to the police station to lodge the report but there is numberexplanation forthcoming as to why this was number done.
Jind, where Om Prakash deceased lived with his three sons, Dharam pal P.W 10 , Surinder P.W. 11 and Suresh P.W.12 fourth is number material was targetted by terrorists resulting in the death of Om Prakash and gunshot injuries to his son, Suresh.
The job of firing was attributed to other sikh Youths present at the spot.
6397 M of 1992 and Criminal Miscellaneous petition No.
Dharam Pal P.W.10 has stated that he had taken his father Om Prakash and brother Suresh to the hospital at Narwana where they reached at about 10.00 p.m The police outpost at Pipaltha had already radioed the message to police Station, Garhi which was received by A.S.I Dharam Singh P.W. 16 at 6.50 P.M. It is number disputed that police Station, Garhi falls on way to Narwana but there too the matter was number reported.
HR 32 0218 after taking he same from the shop of Motor cycle, I went to my home after making information of Om Parkash Mahajan to Kala singh Rukha and started drinks.
we i.e. I and my brother Dharam Pal, tried to run away but Sahab Singh accused tried to catch hold of us but we escaped and ran towards the street and companycealed ourselves.
15,000/ so that dead person may pay it to other terrorists through whom the job of killing Om Prakash would be performed the dead person came to the spot along with other terrorists on 18.11.1991 and companymitted the murder of Om Prakash.
My statement was recorded at about 10.15 PM by the police.
The story of Hallucination is repeated in the so called Confessional Statement by saying that a Dead person came to the appellant, talked to the appellant, asked the appellant to pay rs.
My father fell down inside the room next to the shop and we ran away but at that time while we were running, sahab Singh accused tried to catch hold of us but we succeeded in getting rid off Sahab Singh etc.
Dharam pal, in his statement, narrated the incident in the following words One Sikh youth remained standing inside the shop while the other Sikh youth came outside and took out personal search.
All the three eye witnesses, examined in this case, testify to the presence of a dead person at the spot.
I had stated the name of Kala Singh afterwards.
15,000/ to be paid to other terrorists who would be hired for that job.
Rather my father had entered the next room in which the shop was opening from behind at that time.
We and sahab Singh accused were on inimical terms prior to this occurrence due to civil and criminal litigation between us.
all the 8 Sikh youths chased us and were firing.
On 18 11 1991 Kala Singh Rukha R o Pipaltha accompanied by six terrorists, one of them was Nachhatar Singh, names of other number known came to my house.
I had fully recognised Kala Singh and he was standing with Sahab Singh near the wall of Bharthu.
The Sikh youth who took personal search brought our motor cycle from the shop outside.
That by itself would number be relevant as Dharam Pal who was taking his father and brother to the hospital might have been in a hurry to save their lives.
On account of the enmity between the parties, appellants father Sucha Singh and others were implicated in a case relating to the harbouring of Kala Singh in their house.
Dharam Pal, in his statement on oath, has stated that there was a police outpost in his village but there too, numberreport was lodged.
both of us were challenged in case under sec.
a short distance away was another shop at which Suresh and his brother, the fourth son of Om prakash, used to sit.
One of the two Sikh youths, brought out a Hero Honda Motor Cycle from the shop and wanted Om Prakash to sit on the Motor Cycle but Om prakash refused and while trying to run inside the ship, he was fired upon.
Surinder P.W. 11 narrated the incident in the following words We saw that three Sikh youths were standing in front of shop of Bharthu and three Sikh youths were standing near the wall of Fatia Kumhar.
One of them fired at my father in the left side of the chest.
The police of P.S. Garhi which already knew the incident, having been informed by the police Outpost, Pipaltha, reached at the hospital at 9.30 p.m. Om Prakash was already declared dead by the doctors at the hospital.
He attempted to enter the room on the rear of the shop but all the Sikh youths present there started firing indiscriminately as a result of which he received injuries on various parts of his body.
The appellant, from the very beginning, had denied the prosecution story and had companytended that he had been falsely implicated on account of enmity as civil and criminal cases were pending even on the date of incident between him and other members of the family of Om prakash.
Sadhu Ram, my brother, went via street which runs by the side of the houses while I was going to my house through the main street.
All of them were holding small guns and were between the age group of 25 30 years.
In cross examination, he repeated that he had received two gunshot injuries as two shots were fired at him one by kala singh and the other by Sahib Singh.
