SHABNAM @ MUKRI @ ABDUL QAYUM Vs. STATE

JUDGEMENT

(1.) THIS is an appeal filed by the accused Shabnam alias Mukri alias Abdul Qayum against the judgment dated 19.10.1996 rendered by the Additional Sessions Judge, Karkardooma Courts, Delhi in SC No.23/95 in FIR No.426/84, PS Kalyanpuri, holding the appellant guilty of the offences under Section 148, 397 and 436 of the IPC. The appellant was sentenced to undergo RI for three years under section 148 IPC with fine of Rs.3,000/- and in default to undergo RI for six months; to undergo RI for 10 years and fine of Rs.25,000/- and in default to undergo RI for two years, under section 397 IPC; and sentenced to RI for a period of 10 years and fine of Rs.25,000/- with RI for two years in default, under section 436 IPC. Both the sentences i.e. under section 397 and section 436 IPC were to run concurrently. The benefit of section 428 Cr.P.C. was directed to be given.

(2.) THE appeal arises in the following circumstances. In the aftermath of the assassination of Smt. Indira Gandhi, the then Prime Minister of India on 31.10.1984, riots broke out in Delhi. The rioters targeted the Sikh community and there was large scale violence, looting, killing etc. The present is one such case. One Sagori Bai was living in House No.32/12 in Trilokpuri, Delhi along with her husband Ranjha Singh. Their sons were living in House No.13 and 14 in the same block with their respective families. In the course of the riots, these houses were also attacked, looted and burnt by the rioters. In the riots, the husband of the complainant, Ranjha Singh and their three sons namely Saroop Singh, Hakam Singh and Dalip Singh were all killed. Sagori Bai lodged a complaint in FIR 426/84. Two other FIRs i.e., FIR Nos.507 and 509 of 1991 were also filed, one by Janki Bai W/o Hakam Singh and the other by Sugri Bai, W/o Saroop Singh. They were the daughters-in-law of Sagori Bai and Ranjha Singh. Janki Bai was living in house No.14 of block No.32 and Sugri Bai was living in House No.13 of block No.32. Initially, it would appear that the FIRs of Janki Bai and Sugri Bai were not registered but on the recommendation of the Justice Jain Aggarwal Committee, they were registered on the basis of the affidavits of Janki Bai and Sugri Bai.

(3.) FIR 426/1984 filed by Sagori Bai, W/o Late Ranjha Singh was tried by the trial court separately in Sessions Case No.23/1995. The accused were Shabnam alias Mukri and Kishori. They were tried for looting and burning the House No.32/12 Trilokpuri and charges were framed under Sections 147, 149, 302, 395 and 436 of the IPC. It would appear that after charges were framed, the accused moved an application for discharge on the ground that they had already faced trial in Sessions Case No.78 and 79 of 1994 arising out of FIR Nos.507 and 509 of 1991 for the murder of the deceased persons and therefore, could not be tried again in view of Article 20 of the Constitution of India and Section 300 of Cr.P.C. This application was partly accepted by the trial court and it directed the deletion of the charge under Section 302 IPC, but directed that the charges under the other sections of the Indian Penal Code would remain and were maintainable. Accordingly, the charges were reframed and the trial proceeded.