VED PRAKASH Vs. STATE

JUDGEMENT

(1.) Ved Parkash, Kishori and Jagga @ Jagdish were charged on 21st March 1996 by the Court of Sessions for having committed offences punishable under Sections 188, 148, 395 read with Section 149 Indian Penal Code for having disobeyed on 2nd November 1984 the prohibitory curfew orders promulgated under Criminal Procedure Code by the Commissioner of Police, Delhi, and the disobedience having caused riots in the area; for having alongwith several other persons formed an unlawful assembly the common object of which was to kill Sikhs and loot and burn their houses and property and at that time the accused were armed with deadly weapons which they used for committing the riots; that the accused were members of unlawful assembly which in prosecution of the common object looted the houses of Sikhs including House No. /39, Tirlok Puri, New Delhi, belonging to Lalki Bai. The accused pleaded not guilty to the charge.

(2.) The prosecution commenced its evidence before the Court of Sessions on 15th April 1996, Public Witness 1 Lalki Bai appearing as first prosecution witness, interalia, stated in her examination-in-chief that on 1st November 1984 a large crowd of rioters came to her house in the evening; they were carrying daggers, swords, iron rods, lathies etc and her husband was killed by the rioters. She further stated that her husband was struck with a dagger on the face near ear and while he was bleeding some rioters came and sprinkled kerosene oil on him and burnt him alive and that the 3 accused were among the rioters. At this stage the Trial Court amended the charge. The charge under Sections 188 and 148 Indian Penal Code was maintained but date of the incident was altered from 2nd November 1984 to 1st November 1984. Another charge for accused having committed offence punishable under Section 302 read with Section 149 Indian Penal Code for killing of Man Singh, husband of the Complainant was added and charge under Section 395 Indian Penal Code read with Section 149 was substituted with a charge for offences punishable under Section 397 read with Section 149 Indian Penal Code for causing death of Man Singh. The witness Public Witness -1 Lalki Bai was cross examined on behalf of the accused after the amendment of the charge. In all the prosecution has examined 6 witnesses.

(3.) By the impugned judgment the three accused have been found guilty of participating in the riots, looting the house of parents of Lalki Bai, injuring her husband and then burning him alive. Thus, the accused have been convicted for offence under Sections 148, 397 and Section 392 read with Section 149 Indian Penal Code Besides awarding sentence for other offences, Kishori has been sentenced to capital punishment punishable under Section 302 Indian Penal Code subject to confirmation of the sentence by this Court. The other two accused, besides award of sentence for other offences, have been sentenced to undergo life imprisonment for offence under Section 302 Indian Penal Code and a fine of Rs. 25,000.00 and in default to further undergo rigorous imprisonment for two years.