ASHOK KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Ashok Kumar son of Hariya Lal resident of H 216, Dakshinpuri, New Delhi stands convicted of the offence punishable under Section 148 read with Section 149 and Section 436 read with Section 439 of the Indian Penal Code by the Additional Sessions Judge in SessionTs case No. 14/92. The appellant is sentenced under Section 148 read with Section 149 to suffer R.I. for one year and under Section 436 read with Section 439 R.I. for five years and to pay a fine of Rs. 3,000/- and in default to suffer R.I. for six months with a direction for running the substantive sentence concurrently.

(2.) The present appellant and 13 others were arrested by the police in F.I.R. No. 1372/84. After the assassination of Prime Minister Indira Gandhi there were riots in Delhi. According to prosecution on 1st November, 1984 a mob of about 1000 to 2000 persons had proceeded towards the house of P.W. 1 Sohan Singh and other Sikhs and they had looted the said house of Sohan Singh. They had also looted some shops and set fire the house of P.W. 1 Sohan Singh, some vehicles and some shops. It is the case of the prosecution that the present appellant Ashok and 13 other accused who were challaned alongwith him were the participants in the said mob which had committed the offence of arson and looting. As they were charge sheeted for the offences punishable under Sections 395 and 436 of the Indian Penal Code which are exclusively triable by the court of Sessions the Metropolitan Magistrate had committed all of them to court of sessions vide order dated 6th September, 1986. A charge was framed on 4th May, 1988 against the present appellant and 13 others by the Additional Sessions Judge. All the accused pleaded not guilty of the charge. Their defence is of total denial and false implication.

(3.) In order to prove its case against the accused the prosecution had examined in all 27 witnesses including P.W. 1, Sohan Singh, P.W. 2 Balbir Singh, P.W. 5 Mohan Ahuja, P.W. 7 Harjeet Singh, P.W. 22 Amarjit Singh, P.W. 16 A.S.I. Mohan Lal as the direct witness to the said incident. The learned Additional Sessions Judge accepted the evidence led by the prosecution as against the present appellant and one Rajesh and held them guilty. He found the present appellant guilty of the offences punishable under Section 148 read with Section 439 and Section 436 read with Section 439 of the Indian Penal Code and sentenced him as stated earlier.