RAJ BAHADUR ALIAS DENNY Vs. STATE

JUDGEMENT

(1.) These are two connected appeals bearing Nos. 75/92 and 81/92. Therefore, they are being taken up together as they have been preferred against the same judgment and order dated March 28, 1992 and April 8,1992 They have arisen under the following circumstances: that in the wake of assassination of late Mrs.lndira Gandhi, Prime Minister of India, on October 31,1984 riots took place throughout the length and breadth of this country on different dates i.e. on November 1,1984 and November 2.1984 Despite the promulgation of prohibitory orders under Section 144 Cr.P.C. by the Commissioner of Police, on October 31.1984 the area of Union Territory of Delhi was also engulfed in the flames of the said riots on November 2.1984. There was a general animosity and hatred against the Sikh community as the assassins of the late Smt. Indira Gandhi belonged to that community.The Sikhs were thus killed. Their houses and properties were set at flame. There was a general break down of law and order, complete chaos and anarchy prevailed in even, nook and corner of the city of Delhi as a corollary whereof no formal complaint was lodged with regard to the incidents which took place on the above-mentioned dates. However, one Bhajan Singh (Public Witness4) lodged a report with SI Krishan Kumar (Public Witness 16) of police station Sultanpuri, Delhi, with regard to the aforementioned incidents which took place on November 2.1984. The S.I. sent the said report to the police station for registration of a formal F.I.R. alongwith his endorsement and the said F.I.R. was registered by ASI Ghasi Ram (Public Witnessl7) vide Ex. Public Witnessl 7/A. He stated therein with regard to large-scale killings of the Sikhs of residents ofA-4 Block, Sultanpuri. He also brought to the notice of the authority the factum of setting on fire the houses belonging to the Sikhs and the fact of their being robbed by the mob. He further disclosed that his household goods such as utensils and clothes were removed. His auto-rickshaw bearing registration No. DER-3832 was set ablaze. According to him, similar incidents also took place in F, G & H Blocks of Sultanpuri.

(2.) The machinery of law was set in motion on the basis of the said F.I.R. During the course of investigation of the said F.I.R. several other incidents were taken note of. Separate charge-sheets were prepared and filed in courts in regard to the separate incidents. The instant case relates to the Sikhs residents of house No. P-3/343, P-3/344, P-3/370 & P-3/371, Sultanpuri wherein four persons known as Balwant Singh, Kirpal Singh, Sher Singh and Pritam Singh were done to death by members of an unlawful assembly, including the present accused persons ( hereinafter referred to as the appellants in order to facilitate the reference) on November 2,1984 at about 7.00 a.m. During the course of the said incident one Puran Singh (Public Witness5) also incurred the wrath of the abovesaid unlawful assembly being a Sikh. As such, he was attacked and was injured. He was later on sent to the hospital, Damzel luck smiled on him and he survived.

(3.) Four dead bodies of certain un-known persons were recovered on November 2,1984 by SI Sukhbir Singh from P-3 Block of Sultanpuri. He prepared inquest reports with regard to the said four dead bodies vide Ex. Public Witness2/A, Ex.Public Witness2/B, Ex.Public Witness2/C and Ex.Public Witness2/D. He got the said dead bodies identified at the mortuary. Thereafter he sent the dead bodies for the purposes of post-mortem through Constables Kaptan Singh and Dinesh. The post-mortem on the said dead bodies was conducted by Dr. L.T.Ramani (Public Witness7) vide Ex.Public Witness7/A, Ex. Public Witness7/B, Ex. Public Witness7/C and Ex. Public Witness7/D. During the course of the investigation it transpired that the appellants were involved in the incident dated November 2.1984 w hich resulted in the killings of the four persons alongwith other members of the unlawful assembly. He also prepared the site plan Ex. Public Witness15/A, recorded the statements of the witnesses and after completing the investigation he submitted the charge-sheet before the concerned Magistrate.