BHAGAT SINGH Vs. STATE

JUDGEMENT

(1.) ABOVE referred appeals are directed against the impugned judgment dated 22nd August 2009 in Sessions Case No. 7/2000, FIR No. 489/1984 Police Station Sarai Rohilla convicting the appellants Mangal Sain @ Billa, Bhagat Singh and Brij Mohan Verma for the offences punishable under Section 148 IPC, Section 395 IPC, Section 435 IPC as also Section 307 IPC all read with Section 149 IPC and the consequent order on sentence dated 29th August 2009.

(2.) BRIEFLY put, case of the prosecution is that in the aftermath of assassination of Smt. Indira Gandhi, late Prime Minister of India communal riots directed against the Sikh community erupted in Delhi.

(3.) THE role of the police during the communal riots and post - communal riots came under heavy criticism because of omission to take steps to curb the riots and also the failure of the police machinery to properly investigate the riot cases. Accordingly, Govt. of India constituted a Commission of Inquiry in the year 1985 known as "Justice Ranganath Misra Commission" to look into the role of the police and the Government machinery during as well as post -riots. The Commission invited affidavits from the victims of riots and advertisements to that effect were given. Victim Joginder Singh, who was resident of B -1580 also submitted his affidavit dated 9th September 1985 on the same day. Jagmohan Singh PW4 s/o Joginder Singh also submitted his affidavit qua the incident which took place at their house No. B -1580, Shastri Nagar wherein Jagmohan Singh and his brother Gurinder Singh were seriously injured and their house was looted and set on fire.