As per case facts, an FIR was registered in 1995 concerning the accidental shooting death of Jeet Ram at a wedding. Initially, the complainant stated it was an accidental firing, ...
CRA-D-173-DB-2004 (O & M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGA RH
(102)
CRA-D-173-DB-2004 (O & M)
Reserved on: 03.07.2025
Date of Pronouncement:08.07.2025
Om Parkash and others . ... appellants
V/s
The State of Haryana ...Respondent
CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL
HON’BLE MR. JUSTICE JASJIT SINGH BEDI
Present: Mr. Vinod Ghai, Sr. Advocate, with
Mr. Arnav Ghai, Advocate and
Ms. Kashish Sahni, Advocate, for the appellants.
Mr. Munish Sharma, DAG, Haryana.
*****
JASJIT SINGH BEDI,
J.
The present appeal has been filed against the judgment of
conviction and order of sentence dated 04.02.2004 passed by the Sessions
Judge, Bathinda.
2. The instant FIR came to be registered on 27.02.1995. The
accused-appellants came to be convicted vide judgment of conviction and
order of sentence dated 04.02.2004. The present appeal against the
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judgment of conviction and order of sentence was filed on 10.02.2004. The
matter has come up for final hearing now after almost 30 years of the
registration of the FIR.
3. Today, at the very outset, the learned State counsel has referred
to the order dated 29.09.2017 and submits that since the appellants No.1 and
5, namely, Om Parkash and Darbara Singh have died on 25.01.2014 and
21.04.2017, the appeal qua them be abated.
In view of the aforementioned position, the proceedings qua the
appellant No.1-Om Parkash and appellant No.5-Darbara Singh stand abated.
4. The story of the prosecution as emanating from the report under
Section 173 of the Code of Criminal Procedure and the documents appended
with it culminating into the trial of the case is that on 27.02.1995 Mohinder
Singh A.S.I. Incharge Police Post Chautala received information from the
doctor of General Hospital, Chautala to the effect that the dead body of Jeet
Ram son of Madan Lal Arora, resident of village Chautala was brought to
the hospital at about 3.00 a.m. Upon this Mohinder Singh A.S.I. alongwith
other police officials reached the Hospital and recorded the statement of
Madan Lal son of Raja Ram Arora, Tea Vendor, resident of village Chautala
to the effect that Jeet Ram aged about 13-14 years was his son. He was a
student of Class 8. On 26.02.1995 the marriage of the son of accused-Om
Parkash Hitler was being celebrated in their village. A party was being held
for the guests in the evening. There was arrangement of singing of songs as
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well. His (Madan Lal's) brother Munshi Ram was serving the guests of Om
Parkash Hitler. His nephew Jagroop Singh was also present in the party. His
son Jeet Ram was also enjoying the party. At about 11.30 p.m. accused Om
Parkash Hitler sent his man to him (complainant) and he came to the house
of accused Om Parkash. He was told by Munshi Ram and accused Om
Parkash that Jeet Ram had been injured with a fire arm and a shot had hit his
shoulder and he had been taken to Sangria for treatment. Munshi Ram
further told him that Jeet Ram was sitting in the chair and was enjoying the
dance and songs and some guests were firing shots and one gun shot
accidentally hit his son and that he was taken to Sangria by Sandeep and
Darbara driver of accused Om Parkash Hitler. At first he was taken to
National Nursing Home Sangria. Since the condition of Jeet Ram was
serious, he was not admitted in that nursing home. Thereafter, he was being
brought to Govt Hospital, Sangria, when he had died on the way. Thereafter,
he was brought to the hospital at Chautala. It was further recorded in the
statement of Madan Lal that he had no enmity with any person, but the
person whose gun shot hit his son was certainly negligent. Mohinder Singh
A.S.I. made an endorsement on the statement of Madan Lal and sent it to the
police Station, Sadar Dabwali, on the basis of which FIR No. 60 dated
27.02.1995 under section 304-A of the Indian Penal Code was registered. On
conclusion of investigation, an un-traced report was prepared on 31.05.1995.
It was accepted by the Magistrate on 22.04.1996.
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5. On 13.10.1999 i.e. after three and a half years Madan Lal
moved an application (Exh.PL) to Superintendent of Police Sirsa to the
effect that on 26.02.1995 his son Jeet Ram had gone to enjoy the dance and
songs in the house of accused Om Parkash Hitler and he was murdered by
Om Parkash and his three sons, namely, Sanjay, Sandeep and Manoj and
Darbara Singh. He had given the information to the police, but no action was
taken against the accused till then and that the matter be reinvestigated. The
Superintendent of police marked the application on that day to D.S.P.,
Dabwali vide endorsement (Exh.PL/1), who further marked it to Station
House officer, Police Station, Sadar Dabwali vide endorsement (Exh.PL/2).
On 15.10.1999 Madan Lal got attested affidavit (Exh.PD) from Shri Ram
Sarup Mehta Notary Public Dabwali to the effect that his son Jeet Ram had
died due to shots fired by accused Om Parkash on 26.02.1995 and his three
sons and Darbara Singh were also with him. His son was asked to serve the
guests and he refused. Om Parkash slapped him and abused him. Accused
Sanjay, Sandeep, Manoj and Darbara Singh asked Om Parkash that he be
taught a lesson for not obeying his order. When his son told that, that he was
not at fault, accused Sanjay, Manoj, Sandeep and Darbara Singh asked
accused Om Parkash that he be shot and done to death, as he had dared to
speak before them. Thereafter, Om Parkash fired at him. There were other
persons present there. On receipt of the application and affidavit of Madan
Lal, Ram Chander the then Station House Officer, Police Station, Sadar
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Dabwali moved an application (Exh.PM) to the Area Magistrate, Dabwali
for reinvestigation of the case. The Magistrate ordered the reinvestigation of
the case vide endorsement (Exh.PM/1). On 04.11.1999, Ram Chander
moved an application to the Magistrate at Dabwali for recording the
statement of Madan Lal under section 164 of the Code of Criminal
Procedure. Accordingly statement (Exh.PC) was recorded by him. In this
statement, the complainant claimed himself to be an eye-witness stating that
on hearing his son being slapped by Om Parkash, he went to the party and
requested Om Parkash that his son be spared for not serving the guests as he
was a child. It was the marriage of Manoj. Then Sanjay, Sandeep and
Manoj told their father that Jeet Ram be shot. He (Madan Lal) told them
that he would provide the service that they required from Jeet Ram. The
three sons stated that Jeet Ram had insulted their father. Then Om Parkash
fired a gun shot at Jeet Ram in his (Madan Lal’s) presence. He (Madan Lal)
became unconscious. Later, his wife expired due to sorrow. Police did not
take any action. On 05.11.1999, Ram Chander recorded the statement of
Madan Lal under section 161 of the Code of Criminal Procedure. On
06.11.1999, S.I. Ram Chander got recorded the statements of Duli Chand
and Bhajan Lal under Section 164 of the Code of Criminal Procedure before
the Magistrate as these witnesses were not ready to make statements before
the police, since the police had not taken any action earlier. They both
claimed to be the prosecution witnesses of the occurrence when Om Parkash
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had fired at the deceased with a DBBL gun in the presence of Madan Lal as
well. They stated that they had approached the police but no action was
taken by them. Thereafter, the statements of Duli Chand and Bhajan Lal
were also recorded under Section 161 of the Code of Criminal procedure. On
10.11.1999, offence under section 302 the Indian Penal Code was added and
special report (Exh.PN) was sent to the Judicial Magistrate Dabwali, which
was received by him on that day by making endorsement (Exh.PN/1). On
14.11.1999, Balwan Singh was Station House Officer of Police Station,
Dabwali. He inspected the place of occurrence. He recorded the statements
of the witnesses. He prepared a rough site plan of the place of occurrence.
Accused Manoj, Sanjay, Sandeep and Darbara Singh had moved as
application in the Hon'ble High Court for anticipatory bail, which was
accepted. They were formally arrested by Balwan Singh on 10.12.1999.
Mohinder Singh was posted as Station House Officer of Police Station,
Sadar Dabwali on 08.01.2000. He also partly investigated the case and
recorded the statements of some witnesses. Accused Om Parkash had
produced his licenced gun before him on 20.06.2000. After completion of
the investigation report under section 173 of the Code of Criminal Procedure
was submitted.
6. Charge under section 302 of the Indian Penal Code against accused
Om Parkash, whereas under Section 302 read with Section 109 of the Indian
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Penal Code against the remaining accused was framed, to which they
pleaded not guilty and claimed trial.
7. In order to prove its case, prosecution examined 14 witnesses.
The gist of their statements is as under:-
PW-1/Duli Chand deposed that Manoj son of accused Om
Parkash was to get married in the year 1995. A party was being held by
accused Om Parkash, Village Chautala. Songs were being sung by the
singing party at night. He had gone to attend the function. At about 11.00
p.m. Jeet Ram son of Madan Lal was there, Sanjay, Sandeep and Darbara
Singh had asked Jeet Ram to do some work. He refused to do the same.
Thereafter, Sanjay. Sandeep, Manoj and Darbara went to Om Parkash and
told him that they had been insulted by Jeet Ram. They exhorted Om
Parkash Hitler to shoot Jeet Ram. Madan Lal had also come there. He
requested the accused that Jeet Ram be spared and that in case any work was
to be done, he would do the same. Om Parkash got up and slapped Jeet Ram.
Thereafter, Om Parkash fired a shot with a .12 bore gun at Jeet Ram, who
fell down. He and Bhajan Lal were standing near the place of occurrence.
They went to Police Post Chautala, where one Thanedar was present. They
informed the police about the occurrence, but the Thanedar told them to go
and that in case of need they would be called. No action was taken by the
police officials. He made a statement before the Judicial Magistrate,
Dabwali. Some police official had come to him and had asked that he should
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make a statement before them, but he had replied that even earlier no action
was taken by them and on that account, he did not make a statement before
the police officials.
In cross-examination, this witness stated that he was an eye-
witness in two cases. In the case of State versus Jaan Mohdammad under
the Opium Act he had appeared as a witness. Jaan Mohdammad was the
gun-man of Om Parkash. Jaan Mohdammad was acquitted. He had been
proceeded against by the Sessions Judge, Sirsa for giving false evidence in
the case of Hanuman. He had looked after MLAs for Sh. Devi Lal when
they were kept at his farm house. He had made a statement before the
Magistrate after four and a half years of the present occurrence and prior
thereto he had not disclosed the occurrence to the police. Darbara Singh had
been living with Om Parakash and his three sons. He was not on visiting
terms with Om Parkash and his family. The marriage party was being
celebrated in front of the house of Om Parkash and there were about 400-
500 people. No one was consuming liquor or firing shots in celebration. He
did not know if a criminal case was registered under Section 304-A IPC in
the year 1995. He also did not know if the said case was an accidental firing
case. He did not remember that if he had made a statement before the
Sessions Judge, Sirsa in the year 1995 that in the year 1995, at the marriage
of Manoj Kumar, the son of Om Parkash was struck by one accidental shot.
When he went to the venue of the marriage, he had not seen any gun in the
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hands of any one except Om Parkash and the said gun was a .12 bore double
barrel gun. He had not got recorded before the Magistrate that the gun was a
.12 bore DBBL gun. He had not seen Munshi Ram and Jagroop there. He
did not meet any higher authority to inform about the occurrence or showed
the place of occurrence to the police. It was correct that the case was re-
opened when Om Parkash Chautala became Chief Minister in July, 1999.
He admitted that prior to Om Parkash Chautala becoming Chief Minister, he
did not got to any Magistrate to make any statement. He admitted that he
and his father were cultivating the land of Sh. Devi Lal and Om Parkash
Chautala. He denied the suggestion that he made a false statement due to
political reasons and being a supporter of Om Parkash Chautala. He
admitted his brother Chhottu Ram had been appointed as a Wireless
Operator during the regime of Devi Lal and one brother Dharamvir had been
appointed as a Deputy Superintendent of Central jail, 7-8 months before the
Government of Om Parkash Chautala.
PW/2-Bhajan Lal also made a similar statement as that of P.W.1
Duli Chand.
In cross-examination, he stated that no action had been initiated
against Om Parkash at his instance. He was cultivating the land of Sahab
Ram. He did not initiate any proceeding under Section 107/151 C.P.C.
against Om Parkash. He admitted it to be correct that a criminal case had
been registered regarding the murder of Ram Chander, gun-man of Om
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Parkash against him, Sahab Ram and Ganesha but stated that he did not
know that the same had been registered at the instance of Om Parkash.
Allegations were that he had fired at Sahab Ram. He was acquitted. He,
however, admitted that Om Parkash had appeared against him as a witness in
that case. He did not have any house in village Chautala but lived in the
fields of Sahab Ram. He stated that his statements Ex.DC and DD were not
read over and explained to him by the Magistrate. He would visit Om
Parkash in case he had some work with him. He had not attended the
marriage of the elder and middle son of Om Parkash. He did not know if
Om Parkash Hitler and Om Parkash Chautala were business rivals.
PW-3/H.C. Rajinder Singh and PW-4/Constable Dalbir Singh
are formal witnesses. They proved their affidavits Exh. PA and Exh.PB
respectively.
PW-5/Sh.Sanjay Khanduja was the Judicial Magistrate Ist
Class, Dabwali on 04.11.1999. He recorded the statement Exh.PC of Madan
Lal under Section 164 of the Code of Criminal Procedure on the basis of the
application Exh. PC/1 moved by the police. He passed the orders Exh.PC/2
and Exh.PC/3 regarding recording of the statement.
In cross-examination, he stated that the statement of the
complainant was recorded on the basis of a police request.
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PW-6/Ram Sarup Mehta, Advocate, Dabwali, stated regarding
attestation of affidavit Exh.PD of Madan Lal as Notary Public, and the fact
that Madan Lal was identified by Varinder Sihag.
In cross-examination, he stated that he did not know Madan
Lal.
PW-7/Dr.R.K. Kaushal Senior Scientific Officer, Ballistic
Forensic Science Laboratory, Haryana, Maduban Karnal stated that one
sealed parcel was received by him on 11.11.1999, which was marked as ‘I’
by him. It was duly sealed. It contained clothes i.e. white shawl, pair of
shoes, half sleeves sweater, brown pant, silkan shirt and pair of socks of
deceased Jeet Ram. Clothes were first examined in the Ballistic Division and
then in the Serology Division for blood examination. Lead was detected
from the margins of holes on Shawl, shirt and sweater. Clothes were also
examined under Stereo Microscope. The result was as under:
(1) Holes on Shawl, Sweater and Shirt had been caused by lead
projectiles, fired from a smooth bore fire-arm including .12 bore
gun.
(2) Distance of firing was in close range i.e. within blackening
range.
(3) Firing was angular in nature.
Another sealed parcel was received in the Laboratory on
03.08.2000. It contained a .12 bore DBBL gun stated to have been
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recovered from Om Parkash. It was marked as W/1 by him. Based on the
examination, his opinion was as under:-
1. The .12 DBBL gun is a fire arm as defined in Arms Act,
1959. Its firing mechanism was found in working order.
(2) .12 DBBL gun had been fired through. However,
scientifically the time of its last firing cannot be given.
His report to this effect was Exh.PF.
In cross-examination, this witness stated that the margins of the
holes created by a rifle projectile and projectile of smooth bore guns in close
range are similar. He had performed the lead test on the margins of the holes
on cloth and the test was positive. The possibility of fire shot if the assailant
was standing and the victim was also standing was less. In his opinion, the
victim was a little in bent position. Firing could be from a considerable
distance. After a distance from 5-6 feet, pellets of cartridges of .12 bore start
scattering if fired from a standard gun. Ex. P1 was a standard gun. Inside the
body, the pellets may or may not scatter. In case the pellets hit the bone, they
would certainly scatter. Exit may be due to the wad. In that case also, there
would be a single exit hole. It was wrong to suggest that in such a situation,
some pellets would remain in the body. It was wrong to suggest that after
passing the body, the pellets would remain in the clothes when the firing is
from close range. In case the cartridge used in this case was of .12 bore, the
pellets of the cartridge should be available in the body. It was correct that in
case the shot was fired from a .12 bore gun from a distance of 5-6 feet, the
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pellets as well as the wad or single ball lead would go inside the body and
that they would go through the exit wound. It was wrong to suggest that in
this case, the injury on the person of the deceased was more likely a rifled
fire. Volunteered the pattern on the clothes of deceased was suggestive of
a .12 bore gun. The injury was most likely to have been caused with a
cartridge containing pellet inside of a single ball.
PW-8 Dr. J.S. Punia, conducted the post-mortem examination
on the dead body of Jeet Ram and found the following injuries:-
(1) A wound was present over the left shoulder region
posteriorly and was 27 cms below the top of the head. Bone
Deep 1"x1" oval in shape. Wound was enverted and
surrounding area was blackening in colour. Laceration was
present in the wound in the left scapular region.
(2) A wound was present over the back of the body in the chest
of the right upper back and 50 cms below the top of the head
and was 3" lateral to the mid-spinial cord line and margins
having everted and ill-defined. Size of the wound was 4x3"
placed horizontally and vertically respectively and was
spherecially. Blood was oozing from the wound.
This witness also found the following injuries:-
"There was rupture of the ribs on the right side of chest of
posterior region and pleaura was also ruptured. There was
rupture and laceration of the right side of lung in mid and
lower chest. Heart was also ruptured in the ventricular region.
Iota was also ruptured. There was laceration in the upper Lobe
in the liver. There was rupture of muscles in the scapular region
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with fracture of the scapular bone. The other organs were
healthy.
The cause of death in this case in his opinion was due to
haemorrhage and shock as a result of the injuries described,
which were ante-mortem in nature and sufficient to cause death
in the ordinary course of nature."
Exh.PG was the copy of the post-mortem report. Exh.PH and
Exh.PJ were the police request and inquest report respectively. This witness
had sent Exh.PK intimation to the police. Time between death and injuries
was within a few minutes and the time that elapsed between death and post-
mortem was within 24 hours. The nature of weapon used in this case was
fire arm. Entry wound was on the higher side and the exit hole on the lower
side.
PW-9/Varinder Sihag a resident of village Chautala identified
Madan Lal deponent of affidavit Exh.PD before Shri R.S. Mehta Notary
Public, Dabwali and made endorsement Exh. PD/1 on Exh.PD.
In cross-examination, he stated that it was correct that a civil
suit had been pending against him in the Civil Courts at Dabwali regarding
the change of khasra girdawari and the same had been filed by the accused.
PW-10/Ram Chander S.H.O. Police Station, Sadar Dabwali,
partly investigated the case and gave the details of the investigation. He
investigated the case till 14.11.1999.
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In cross-examination, he stated that he did not know if Om
Parkash Hitler was heading the Congress party in village Chautala. He had
gone through the case file. He did not remember if according to the contents
of the FIR, the complainant was not an eye-witness to the occurrence. He
did not remember if Munshi Ram and Jagroop had been shown as eye-
witnesses. He had not joined Munshi Ram and Jagroop in the investigation
of the case. Witnesses Duli Chand, Bhajan Lal had come to him on their
own and stated that they were eye-witnesses to the occurrence. Before their
arrival, he did not know that who the eye-witnesses of the occurrence were.
He did not join the residence of village Chautala in the investigation.
PW-11/Ram Kumar Reader of Sub Divisional Magistrate,
Dabwali brought Licence Register. As per his statement, accused Om
Parkash was licence holder of .12 bore gun, his son Manoj Sihag was licence
holder of NPB bore rifle, accused Sandeep Sihag was licence holder of three
arms i.e. .12 bore DBBL Gun, Revolver/pistol and rifle. Accused Sanjay
Sihag was licence holder of three arms. i.e. NPB bore rifle, revolver/pistol
and .12 bore gun.
In cross-examination, he stated that .12 bore DBBL was entered
in the licence of Om Parkash son of Mani Ram on 19.12.1995.
PW-12/Balwan Singh the S.H.O., Police Station Sadar Dabwali
on 14.11.1999 partly investigated this case.
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In cross-examination, he stated that he did not show the place in
the rough site plan from where Om Parkash had fired the shot.
PW-13 Mohinder Singh S.H.O., Police Station, Sadar Dabwali
on 08.01.2000 also partly investigated this case.
In cross-examination, he stated that the licensed gun was of Om
Parkash-accused. FIR No.54 dated 21.04.2000 under Sections 379 IPC
Exh.DE was registered by him against Sanjay Kumar son of Om Parkash
and Manoj Kumar son of Om Parkash. It was correct that FIR No.114 dated
10.07.2000 under Sections 364, 342, 148, 149 and 506 IPC Exh.DF was
registered against Om Parkash, Manoj Kumar, Sanjay and Darbara Singh.
Chhotu Ram was the person who was abducted. FIR No.71 dated
16.05.2000 under Sections 302 and 120-B IPC was registered against
Krishan, Ala and Dara Ram. He could not say without seeing the file that
after 48 days, Sanjay, Manoj and Darbara were added as accused under
Section 120-B IPC.
PW-14/ Mohinder Singh A.S.I., posted as Head Constable in
Police Station, Sadar Dabwali as M.H.C., proved his affidavit Exh. PP.
The prosecution also tendered in a evidence report Exh.PQ of
Forensic Science Laboratory.
8. On conclusion of the prosecution evidence, the accused were
examined under section 313 of the Code of Criminal Procedure and all the
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incriminating circumstances, which appeared against them were put to them.
They denied them.
The plea of accused Om Parkash was that he belonged to
village Chautala, the native village of Haryana Chief Minister Shri Om
Parkash Chautala, who was president of Indian National Lok Dal. He was a
leader of the Congress and an Arch rival of Shri Om Parkash Chautala, Chief
Minister Haryana. Whenever Shri Om Parkash Chautala came into power, he
harassed him by way of registering many false cases. As and when he came
into power he and his sons were implicated by him in many false cases. Due
to the intervention of the Hon'ble Supreme Court and Hon'ble Punjab &
Haryana High Court further proceedings of the other cases have already
been stayed. He and his co-accused had been falsely implicated. As a matter
of fact Jeet Ram died due to accidental shot fired from the crowd, which had
gathered to celebrate the marriage ceremony. So many people at the
marriage party were firing in the air when the celebration of the marriage
party was going on. They came to know when the injured was removed to
the hospital.
Almost similar pleas were taken by the other accused persons.
9. The accused examined DW-1/Dr. B.R. Sharma, Former
Director, Central Forensic Science Laboratory, Chandigarh. His statement
was that he had received photo copies of the various documents relating to
this case on 13.01.2004 and they have been mentioned in the list in his
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report Exh.DG on pages 1 and 2. It was further in his statement that he was
required to examine these documents and to find out if the prosecution
version that the victim was killed with .12 bore smooth shot gun fire when
the distance between the assailant and the victim was 3-4 feet as given by
the eye witnesses was consistent or in-consistent with the Scientific
Ballistics and medico legal evidence inter-se and to ascertain if the eye
witnesses had really observed the occurrence or they had been planted to
create or strengthen the prosecution case. He further deposed that after
careful study, examination and evaluation of the total evidence, Scientific
and other related evidence in the documents, he came to the conclusion
mentioned at page No.15 of his report Exh.DG, which is as under:-
(1) A Smooth bore firearm, in-depth study and careful
evaluations of the Scientific evidence vis-a-vis 'eye-witnesses'
account, as given above, indicate;
. No wads at the scene or in the body (or in the clothes), were
recovered in spite of the fact that there are Four wads in a .12
bore cartridge;
. No multiple exit wounds.
. No pellets/projectiles or their fragments in the body in spite of
the fact that there are a number of broken bones;
. A single exit even after long travel of the bullet and
devastating damage to body organs;
. The line of fire excludes the abuse of long barrelled firearms
(like standard smooth bore shotgun) in the death of the victim.
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(2) The ‘eye witnesses’ accounts (Same by the two), in addition
to the above, are incompatible with the Scientific evidence for
the reason:
. The distance of 3-4 feet between the assailant and the victim
can cause only contact or near contact entry wound, which
should cause muzzle print, burning, singing and dense
blackening. None is observed even on the white Shawl;
. The line of fire, deduced from the injuries, could not be
caused with a long barrelled weapon in the alleged positions
and postures of the assailant and the victim, as the line of fire is
drastically angular (50
o
). This angle cannot be achieved with a
long-barrelled firearm under the given descriptions of the
witnesses.
It appears the ‘eye witnesses were not present at the scene to
observe the occurrence."
10. Besides this, accused Om Parkash tendered in evidence
certified copy of the Judgment dated 28.07.1989 Exh.DH, certified copy of
the statement dated 29.11.2002 Exh.D-1 recorded in ND & PS case No.120-
SC of 2002, Ex.DJ certified copy of the Judgment in ND & PS Act Case No.
120-SC of 2002 decided on 29.01.2003, Exh.DK certified copy of the order
dated 22.08.2003 passed by Hon'ble Division Bench in Criminal Misc. No.
181-MA of 2003, Exh.DL copy of the Judgment in Sessions Case No.35/22
of 1962 Sessions trial No.26 of 1962 decided on 21.04.1962, Exh.DM copy
of the report under Section 173 of the Code of Criminal Procedure in
Sessions Case No.1-PA of 1996/1998/2000 decided on 08.08.2003, Exh.DN
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copy of the Judgment dated 08.08.2003 in Sessions case No.1-PA of
1996/2002, Exh.DO copy of the report under Section 173 of the Code of
Criminal Procedure in Criminal Case No.210-1/28-10-2003 State Vs.
Krishan Lal and others, Exh.DP certified copy of the report under Section
173 of the Code of Criminal Procedure in Criminal case No.840-1/17-12-
2003 State Vs. Hardeep Singh an others, Exh. DQ certified copy of the order
dated 16.02.2002 passed by Addl. Sessions Judge, Hisar regarding the
anticipatory bail to Sanjay, Exh. DR certified copy of the order dated
14.08.2001 passed by Hon'ble Mr. Justice V.M. Jain in Criminal Misc. No.
31003 M of 2001, Exh. DS certified copy of the order dated 04.04.2002
passed by Hon'ble Mr. Justice K.S. Garewal in Criminal Misc. No. 13537-M
of 2002 Exh.DT copy of the statement of Ravinder Kumar and Exh.DU
certified copy of the order dated 22.09.2003 passed by Shri Rajesh Garg,
Judicial Magistrate Ist Class, Dabwali.
11. Based on the evidence led, the accused-appellants came to be
convicted and sentenced by the Court of the Sessions Judge, Bathinda, vide
judgment of conviction and order of sentence dated 04.02.2004 as under:-
Name of the
convict(s)
Offence
under Section
Sentence Fine In default of
payment of
fine
Om Parkash 302 IPC Imprisonment
for life
Rs.1,000/-
RI 03 months
Manoj Kumar Sihag,
Sanjay Sihag, Sandeep
Sihag and Darbara
Singh
302 read with
109 IPC
Imprisonment
for life each
Rs.1,000/-
each
RI 03 months
each
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12. The aforementioned judgment of conviction and order of
sentence dated 04.02.2004 passed by the Sessions Judge, Bathinda is under
challenge before this Court.
13. During the pendency of this appeal, the sentences of the
accused-appellants No.2 to 4, namely, Manoj Kumar Sihag, Sanjay Sihag
and Sandeep Sihag, were suspended by this Court vide order dated
18.03.2004.
14. The learned Senior counsel for the accused-appellants No.2 to 4
contends that the FIR was registered immediately on 27.02.1995 under
Section 304-A IPC on the allegations that it was an accidental shot that had
been fired by someone in the crowed. As per the initial version, Madan Lal-
complainant stated that his son about 13-14 years had gone for the wedding
party of the son of accused-appellant No.1/Om Parkash (since deceased)
wherein he received gun shot injuries. His nephew-Jagroop Singh who was
present at the party and Munshi Ram, his brother had informed him about
the same. Neither Jagroop nor Munshi Ram were examined or joined in
investigation. An untraced report had been filed and accepted the version of
Munshi Ram who had not witnessed the occurrence, would amount to hear
say evidence. It was only after four and a half years that Munshi Ram
claimed to be eye-witness. Even otherwise, Munshi Ram had since passed
away. Duli Chand and Bhajan Lal became eye-witnesses to the occurrence
in November 1999 i.e. more than four and a half years of the occurrence,
CRA-D-173-DB-2004 (O & M)
::22::
immediately after Munshi Ram had approached the police. It was a case of
political rivalry between Om Parkash on the one hand and Om Parkash
Chautala on the other, both of whom belonged to different political parties.
Admittedly, the re-investigation began after Om Parkash Chautala became
the Chief Minister in July, 1999 and these two prosecution witnesses were
set up as eye-witnesses to the occurrence. Duli Chand/PW-1 has admitted
that he got registered an FIR against Jaan Mohdammad, a gun-man of Om
Parkash-accused No.1. In the said case, the accused had been acquitted.
Similarly, Bhajan Lal/PW-2 admitted that he was an accused in a murder
case where Om Parkash was a prosecution witness and he had been
acquitted in that case. He contends that both these witnesses were not only
inimical to the family of accused No.1-Om Parkash but had close relations
with the then Chief Minister Shri Om Parkash Chautala. In fact, accused
No.1-Om Parkash and Om Parkash Chautala were descendants of common
ancestors. While accused No.1 was the leader of the Congress Party in
village Chautala, Om Parkash Chautala was the leader of a rival political
party. He contends that the complainant-Madan Lal had died without being
examined in Court. The best evidence by way of the eye version account of
Jagroop and Munshi Ram ought to have been brought on record which had
not been done so. He, thus, contends that the impugned judgment was liable
to be set aside. In the alternative, he contends that taking the allegations to
be true, it is apparent that the fatal shot had been fired by Om Parkash-
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::23::
accused No.1 whereas his sons allegedly exhorted him to fire the shot and
the allegations of this kind were easy to level. In fact, there was hardly any
need for exhortation without any prior enmity between the accused on the
one side and the deceased, who was a young boy on the other. He, therefore,
contends that the impugned judgment was liable to be set aside qua the
accused-appellants No.2 to 4 even if the prosecution case was accepted qua
the deceased/accused No.1-Om Parkash.
15. The learned counsel for the State, on the other hand, contends
that the allegations against all the accused- appellants No.2 to 4 are grave.
When the FIR had been registered, at that time, they had been able to
manipulate the investigation. It was only later that the complainant gathered
the courage to approach the investigating agency once again. The offence
stood established beyond reasonable doubt even on the part of the surviving
accused-appellants No.2 to 4 as they exhorted their father to commit the
offence. He, thus, contends that the present appeal was liable to be
dismissed.
16. We have heard the learned counsel for the parties and examined
the record.
17. As per the first version of Madan Lal-complainant leading to
the registration of the FIR, he was at his home and was told about the
occurrence of the accidental shooting of his son by his brother-Munshi Ram
and nephew-Jagroop. There was no allegation against any of the accused for
CRA-D-173-DB-2004 (O & M)
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having committed the offence. Munshi Ram and Jagroop, who were closely
related to the complainant and the deceased, and were present at the place of
occurrence and who saw the deceased being shot in accidental firing were
never cited as witnesses and examined at any stage of proceedings.
Therefore, an untraced report was presented and accepted by the Court on
22.04.1996. Further, neither Duli Chandi nor Bhajan Lal were ever
mentioned as eye-witnesses. Subsequently, it was only on 13.10.1996 i.e.
after three and a half years of the occurrence was an application moved by
the complainant-Madan Lal claiming that his son had been murdered by Om
Parkash and his three sons along with Darbara Singh. There is no reference
of any witness of the occurrence i.e. Duli Chand and Bhajan Lal and neither
does he claim to be an eye-witness himself. Subsequently, he filed an
affidavit against the accused persons where he again did not claim to be an
eye-witness and did not name Duli Chand or Bhajan Lal as eye-witnesses.
Strangely, when the statement of Madan Lal-complainant was recorded
under Section 164 Cr.P.C. on 04.11.1999, even at that time, there was no
reference of any eye-witnesses, though, he now claimed to have witnessed
the occurrence of shooting. On the very next day, the statements of Duli
Chand and Bhajan Lal were recorded under Section 161 Cr.P.C. and
thereafter, under Section 164 Cr.P.C. wherein they claimed to have witnessed
the occurrence of Om Parkash having shot the deceased and the other
accused having exhorted him. Be that as it may, we may point out here that
CRA-D-173-DB-2004 (O & M)
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Madan Lal died prior to deposing in the instant case. As mentioned above,
Munshi Ram and Jagroop were never examined as prosecution witnesses
and therefore, we are left with the testimonies of PW-1/Duli Chand and PW-
2/Bhajan Lal, the purported eye-witnesses of the occurrence.
18. PW-1/Duli Chand deposed that he was at the wedding function
of accused-Manoj son of Om Parkash. Jeet Ram deceased was asked to do
some work by Sanjay, Sandeep and Darbara Singh. On refusal, Sanjay,
Sandeep, Manoj and Darbara Singh went to Om Parkash and stated that they
had been insulted. They exhorted Om Parkash to shoot at Jeet Ram. Madan
Lal came there and pleaded with the accused that his son be spared and that
if any work was to be done, he (Madan Lal) would do the same. Om
Parkash got up and slapped Jeet Ram and thereafter, fired at him with his .12
bore gun. On seeing the occurrence, he (Duli Chand) had gone to the Police
Post, Chautala where he was told that he would be called if so needed.
Pertinently, this person is not mentioned as a witness in any prior statement
of Madan Lal, the complainant. He chose to keep silent for three and a half
years and has categorically admitted that he had not disclosed the occurrence
to the police earlier. He also admitted that he was not on visiting terms with
Om Parkash and his family. He did not know if a criminal case had been
registered under Section 304-A IPC in the year 1995 and that the case was
initially of an accidental firing. He did not approach any higher authority to
inform about the occurrence. He admitted that he was an eye-witness in a
CRA-D-173-DB-2004 (O & M)
::26::
case titled as State versus Jaan Mohammed registered under the Opium Act
where Jaan Mohammed, the gun-man of Om Parkash was subsequently
acquitted. He also admitted that he had looked after the MLAs for Sh. Devi
Lal (father of Om Parkash Chautala) so as to prevent them from poaching by
the opposite party lead by Chaudhary Bhajan Lal who was being supported
by Om Parkash, when they were confined at the farm house of Sh. Devi Lal.
He admitted that families of Om Parkash Hitler and Om Parkash Chautala
were collaterals. He admitted that the case had been re-opened when Om
Parkash Chautala became the Chief Minister in July 1999. He also admitted
that he and his family were cultivating land of Om Parkash Chautala and
family and that his family members had obtained Government employment.
Therefore, the connection of this prosecution witness with the family of Om
Parkash Chautala is writ large. Apparently, the statement of this witness has
been procured belatedly at the behest of the investigating agency possibly on
account of political interference.
19. As regards the deposition of PW-2/Bhajan Lal, his version is
similar to that of PW-1/Duli Chand. He also admitted that he had not filed
any prior complaint to the investigating agency regarding the occurrence. He
admitted that a criminal case of murder had been registered against him,
Sahab Ram whose land he (this witness) was cultivating and Ganesha for the
murder of Ram Chander, the gun-man of Om Parkash wherein he had been
acquitted, though, Om Parkash had appeared as a witness against him. He
CRA-D-173-DB-2004 (O & M)
::27::
admitted that he had not attended the marriage of the other sons of Om
Parkash. The deposition of this witness alongwith his cross-examination
would also show that his statement has also been procured more than three
and a half years of the untraced report and he also appears to be not only
inimical to the accused party but also aligned with the family of then Chief
Minister of Haryana.
20. PW-11/Ram Kumar, Reader of the SDM, Dabwali produced the
record regarding the gun licences in the names of the accused persons.
The .12 bore DBBL gun No.2818 was entered in the licence of Om Parkash
on 19.12.1995 i.e. after the occurrence on 26.02.1995. As per the
prosecution case, this weapon was recovered from the accused Om Parkash
and was purportedly used in the occurrence as is evident from the deposition
of PW-7/Dr. R.K. Kaushal, the Ballistic expert who examined it. The Trial
Court rejected the argument that the gun was entered in the licence of Om
Parkash after the occurrence by observing that there were other licensees
for .12. bore weapons within the family thereby alluding to the fact that
some other .12 bore weapon could have been used. Significantly, the
prosecution has not sought to establish if any other weapon, licensed or
unlicensed was used in the occurrence.
21. Thus, the evidence brought on record cannot be said to be of
such sterling quality so as to unequivocally points towards the guilt of the
CRA-D-173-DB-2004 (O & M)
::28::
accused. Quite to the contrary, the possibility of their false implication
cannot be ruled out.
22. Keeping in view the aforementioned facts and circumstances of
the case, we find considerable merit in the present appeal. The same is
accepted. The impugned judgment of conviction and order of sentence
dated 04.02.2004 passed by the Sessions Judge, Bathinda, is set aside and
the accused-appellants No.2 to 4, namely, Manoj Kumar Sihag, Sanjay Sihag
and Sandeep Sihag are acquitted of the charges framed against them.
23. The pending applications, if any, shall stand disposed of
accordingly.
( GURVINDER SINGH GILL)
JUDGE
08.07.2025 ( JASJIT SINGH BEDI)
sukhpreet JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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