DULI CHAND Vs. STATE

JUDGEMENT

(1.) These matters arise out of judgment of conviction passed by Court of Sessions in respect of Kishori, Mohd. Abbas and Duli Chand, who are appellants before this Court. The learned Additional Sessions Judge has held that these accused were among the rioters and the unlawful rioters assembly had the common object of killing Sikhs, looting and burning their properties and with this common object accused persons alongwith their associates killed Sajan Singh, Inder Singh and Hoshiar Singh and burnt their house 2/85, Tirlokpuri, Delhi, and thereby committed offence under Sections 148, 302 Indian Penal Code read with Sections 149 and 436 read with Section 149 Indian Penal Code It has also been held that rioters assembly also killed Gyan Singh, Mahinder Singh and Kishan Singh, the relatives of Ganga Kaur.

(2.) Alongwith these appellants, one Ram Pal Saroj was also held guilty but case against him abated due to his death during the trial.

(3.) For offence under Section 302 Indian Penal Code Kishori has been awarded death sentence subject to confirmation by this Court ; Duli Chand and Mohd. Abbas have been awarded life imprisonment with a fine of Rs. 25,000.00 each and in case of default in payment of fine to further undergo rigorous imprisonment for 3 years. For offences under Section 148 accused have been awarded 3 years rigorous imprisonment with fine of Rs. 5,000.00 each and in case of default in payment of fine they have been directed to undergo rigorous imprisonment for 6 months and under Section 436 Indian Penal Code they have been sentenced to under-go rigorous imprisonment for 10 years each with a fine of Rs. 25,000.00 and in default of payment of fine to further undergo rigorous imprisonment for 3 years. All the sentences have been directed to run concurrently.