SIRI RAM SHARMA Vs. STATE

JUDGEMENT

(1.) S/Shi Sin Ram Sharma. Dharam Raj, Lekh Raj, Rajpal Singh. Suresh and Man Singh Rawat have been convicted. of offences punishable under Sections 436 and 302 read with Section 149 L P. C. and for offence punishable under Section 147 read with Section 148 of the Indian Penal Code vide judgment dated October 25, 1988 and by an order of the even date. they have been sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 2,000.00 each and in default to undergo rigorous imprisonment for three months more under Section 302 read with Section 149 and to undergo rigorous imprisonment for five years and a fine of Rs. 2,0001- and in default rigorous imprinsonment for three months each for the offence punishable under Section 436 read with Section 149 I. P. C. and to undergo rigorous imprisonment of two years for offence punishable under Section 147 read with Section 148 I. P. C. each with the direction that substantive sentences shall run concurrently and fine, if realised, shall be paid to the heirs of the deceased. These four appeals have been filed by the said convicts challenging their convictions and the sentences.

(2.) Counsel for the appellant had informed during the course of the arguments that Lekh Raj. appellant. has since died. We required the State to verify this fact. After the judgment was reserved, the State has now filed the affidavit of Head Constable Rajinder Singh who had made the enquiries and had confirmed that Lekh Raj, appellant, has since died and he has also attached copy of the Death Certificate.

(3.) Soon after the assassination of Smt. Indira Gandhi, the then Prime Minister of India, on October 31. 1984. there had taken place herrendeous and shocking wid.e spread incidents of killing of innocent persons belonging to Sikh religion in Delhi and also at some other places in India. Not only the demons. in the torn" of human beings, had killed and burnt the Sikhs but had also burnt and looted the houses and the shops of the Sikh persons in some areas of Delhi