BIHARI LAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) APPELLANT -Bihari Lal impugns judgment dated 04.10.1996 in Sessions Case No.9/1996 arising out of FIR No.426/1984 registered at Police Station Kalyan Puri by which he was convicted for committing offences punishable under Section 148 and 395 IPC read with Section 149 IPC. Vide order dated 05.10.1996 he was sentenced to undergo rigorous imprisonment for five years with total fine of Rs.30,000/-.

(2.) ALLEGATIONS against the accused were that on 01.11.1984 at about 09.00 P.M. near House No.396, Block No.21, Trilok Puri, he, Daulat Ram, Rajjan, Mahesh, Raju and other unknown persons formed an unlawful assembly, the object of which was to kill people, loot and burn their houses and in prosecution of the said common object, they looted house of complainant-Som Singh (PW-2). They were armed with deadly weapons. The prosecution examined seven witnesses. In the statement under Section 313 Cr.P.C., the accused pleaded false implication. DW-1 (Krishan Kumar), DW-2 (Raj Karan Singh) and DW-3 (Ram Chander) appeared in defence. On appreciating the evidence and considering the rival submissions of the parties, the Trial Court by the impugned judgment convicted Bihari Lal and Rajjan for the offences described previously. Raju, Mahesh and Daulat Ram were acquitted of all the charges. Being aggrieved, Bihari Lal and Rajjan preferred the appeal. It is relevant to note that during the pendency of the appeal Rajjan expired. His death was verified and vide order dated 9th April, 2012, the appeal stood abated qua him.

(3.) I have considered the submissions of the parties and examined the record. Earlier no separate FIR was registered in respect of rioting that took place in Block No.21, Trilok Puri. Sessions Case No.9/1996 was filed after directions by the High Court for splitting up of challan filed in FIR 426/1984 on the basis of various incidents having taken place on different dates and on different basis. Statement of complainant-Som Singh (PW-2) was recorded and he disclosed that on 01.11.1984 at about 09.00 P.M. a crowd of rioters came to his house and broke open the door. Due to fear, he went on the first floor. His household articles were looted. His wife's golden ear-rings were taken away by the rioters. He named Bihari Lal (Dhobi), Saleem (President of Sanjay Camp Jhuggis), Rajjan (who used to sell fish), Daulat Ram (who used to sell clothes), Pappu (fruitwala) and Mahesh (Baniya) amongst the rioters. During the course of investigation, they all were arrested. Statements of witnesses conversant with the facts were recorded.