TRIBHUVAN NATH Vs. STATE

JUDGEMENT

(1.) The appellants namely Tribhuvan Nath @ Raju Pradhan, Sita Ram and Wazir Pradhan have come up in appeal challenging their conviction and sentences imposed on them vide judgment and order dated March 30, 1991 and April 1, 1991 of an Additional Sessions Judge, Delhi. They have been convicted of offences punishable under Sections 147, 148, 302 read with Section 149, 395 read with Section 149 and 436- read with Section 149 I.P.C. and have been sentenced to undergo rigorous imprisonment for one year each under Section 147 Indian Penal Code . and for two years each for the offence under Section 148 Indian Penal Code , rigorous imprisonment for five years each for the offence under Section 395/149 Indian Penal Code . with a fine of Rs.2,500.00 each, rigorous imprisonment for five years with a fine of Rs.2,500.00 each for the offence under Section 436/149 Indian Penal Code . and imprisonment for life each for the offence of murder under Section 302/149 Indian Penal Code . with the direction that substantive sentences shall run concurrently and the fine, if realised, shall be paid to Public Witness 2, Satnam Kaur, Public Witness 4 Smt.Rukki Kaur and Public Witness 6 Sh.Desh Singh in equal shares.

(2.) This case is also an off shoot of the drastic events which took place soon after the assassination of then Prime Minister Smt.Indira Gandhi.

(3.) On November 1, 1984, a Daily Diary report No.11-A was recorded at Police Station Sultan Puri, copy of which is Ex.PW3/A, mentioning that a mob had collected and was indulging in looting and arsoning of the houses and shops belonging to the Sikh community and S.I.Sukhbir Singh, accompanied by Constable Mewa Singh, had reached the spot after witnessing that shops and houses of the Sikhs in the area of Police Station Sultan Puri were being looted and burnt, he got registered the case for different offences.