BIHARI LAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By the impugned judgment the Appellant has been convicted for offences punishable under section 148 and 436 IPC and awarded a sentence of Rigorous Imprisonment for a period of two years for offence under Section 148 IPC and five years for offence punishable under Section 436 IPC and a fine of '5,000/- and in default of payment of fine, to further undergo Rigorous Imprisonment for three months in each case. The impugned judgment disposes two Sessions Case Nos. 68/1995 and 69/1995 in FIR No. 126/1984 registered at PS Kalyanpuri under Section 148 IPC and 436 IPC read with Section 149 IPC.

(2.) In the present case, the incidents relate to the Trilokpuri area in the aftermath of the riots that took place in various parts of the city after the death of late Mrs. Indira Gandhi, former Prime Minister of the country. Since various incidents had taken place, separate charge-sheets were filed resulting in different Session cases. The learned Trial Judge dealt with two of these Sessions case Nos. 68/1995 and 69/1995 in this impugned judgment. SESSION CASE NO. 68/1995

(3.) The prosecution case rests on the testimony of Complainant PW2 Jasbir Kaur w/o Baba Singh. According to PW 2 on 1st November, 1984, riots triggered in the area and she along with her family kept hiding in her house. On that date one Saleem of Block No 27 threw brick bats on their house along with other rioters and tried to set her house on fire. But the neighbours in the gali extinguished the fire immediately. On the night of 1st November at about 11 pm when the rioters came to her house, she along with the children went to the house of her neighbourer in the jhuggi. On 2nd November, 1984 at 10:00 a.m. once again, an attempt was made by the rioters to set her house on fire. One Saleem was also present among those rioters. That attempt was also frustrated by the young boys of the gali saving her and her family and their house from the rioters. In view of the repeated attacks, her husband and children had run away. By 12:00 mid-night on 2nd November, 1984 when boys in the gali returned to their houses, the Appellant along with a mob of rioters came and started abusing the Complainant and asked them to go out of the house. The Appellant then set their house on fire. The articles lying in the house were removed and put in the park and then he set on fire those articles. The Complainant Jasbir Kaur identified the Appellant as he used to iron the clothes nearby their house. In view of her statement, the learned trial court held that prosecution has proved its case beyond reasonable doubt against the Appellant.