KISHORI Vs. STATE NATIONAL CAPITAL TERRITORY OF DELHI

JUDGEMENT

(1.) Kishori, the appellant has been found guilty under Section 148 and under Section 302 Indian Penal Code by the learned Additional Sessions Judge. Accordingly, he has been sentenced to three years rigorous imprisonment under Section 148 Indian Penal Code and a fine of Rs.5,000/, and in default of payment of fine he shall further undergo one year's rigorous imprisonment. He has been awarded life imprisonment under Section 302 Indian Penal Code and fine of Rs,25,000.00~, in case of default of payment of fine, .to further undergo rigorous imprisonment for two years, Of course, he has been granted the benefit of Section 428 Criminal Procedure Code.

(2.) The Sessions case No.55/95 had been part of the main riot case bearing FIR No.426/84- On the basis of the statement of 'Raj Bai, the complainant, a case was registered for rioting, unlawful assembly and for the murder of her sons in which the challan was filed against one Ram Pal Saroj, the accused. Per the statement of Raj Bai dated 25/01/1985, on 1/11/1984 around 6.00/7.00 P.M. in the evening a big crowd of rioters came and dragged out her son Darshan Singh aged 20 years and then struck him with lathi and iron rods and then sprinkled kerosene oil over him and then set him ablate The rioters burnt her house and looted her articles. According to her, it was accused Ram Pal Saroj who was getting all these things done. He was stating that the names of the Sikhs should be erased from Delhi. On the basis of this statement of Smt. Raj Bai, charge was framed against Ram Pal Saroj under Section 188/148/302/397/436 Indian Penal Code read with Section 149 1PC. Ram Pal Saroj pleaded not guilty and, therefore, claimed trial. In her statement under Section 161 Criminal Procedure Code. she only accused Ram Pal Saroj. She did not name any other person as accused. However, when Raj Bai appeared in the witness box as Public Witness-2 on 15/01/1996, she stated that in November, 1984 she was living at house no.32/70, Trilok Puri, Delhi along with her three sons Raju Singh, Punu Singh and Darshan Singh along with her husband daughters and daughters-in-law. On 1/11/1984 the riot started in the morning at 10-00 A.M. The Sikhs and non-Sikhs were pitched against each other. At about 3,00 P.M., two police persons came at the spot and told Sikhs that they should go to their respective houses, Those police persons assured the Sikhs that they would deal with the rioters and make them go away to their houses. On this assurance of the police people, Sikhs came to their houses. She along with her sons, daughters-in-law and daughters was sitting in her house when at about 4.00 P.M.. a large number of rioters attacked her house- . They were armed with "lathies" and "barchhas". Out of those rioters she could identify one Kishori. According to her these rioters killed her three sons. Her husband ran away from the house. Her sons were beaten and thereafter the rioters sprinkled petrol on them and set them on fire.

(3.) On the basis of this statement made by her in the court, the learned Addiional. Sessions Judge came to the conclusion that accused Ram Pal Saroj was not the accused but in fact it was Kishori. Kishori was the accused as identified by the witness. Learned Addiional Sessions Judge acquitted and discharged Ram Pal Saroj because he found that there was no other public witness cited by the prosecution. The appellant Kishori was summoned to face trial. After Kishori was summoned charges were framed against him- The witness was recalled after framing the charge. Raj Bai re-appeared as PN-2- Her statement was recorded on 15/04/1996 wherein she reiterated her earlier statement and stated that she could identify Kishori to be the person who killed her sons- She admitted in cross examination that beside giving the name of Ram Pal Saroj as accused she also gave the name of Kishori in her complaint to police under Section 161 Criminal Procedure Code.