(1.) VIDE the petitions being Crl. Rev. P. 438/2010 and 439/2010, petitioners have challenged the Order on Charge dated 01.07.2010 whereby the ld. Trial Court was of the opinion that in view of the statement of witnesses and documents relied upon by the prosecution, there are sufficient grounds for presuming that incident dated 01.11.1984 resulted on account of provocative speeches made by petitioner Sajjan Kumar to the mob gathered in Sultanpuri area and he instigated the mob and other accused persons, who were members of unlawful assembly, resulting into robbery, burning properties and killing members of Sikh community including Surjeet Singh.
(2.) ACCORDINGLY , the trial court opined that there are sufficient grounds for framing charge against petitioner / accused Sajjan Kumar for offences punishable under Section 109, read with Sections 147,148,149,153A,302,436 and 295 of the Indian Penal Code, 1860 and substantive offences thereof. Remaining accused persons are liable to be charged for the offences punishable under Sections 147/148/149/153A/302/436 and 295 of the Indian Penal Code, 1860.
(3.) THUS , both the orders, i.e., dated 01.07.2010 and 07.07.2010 are under challenge in both the petitions mentioned above. Since the challenge in both the petitions is the same impugned orders, therefore, this Court has decided to dispose of both these petitions by way of common judgment.
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