STATE Vs. LAL BAHADUR

JUDGEMENT

(1.) THE present appeal has been preferred by the State against the judgment dated 31. 10. 1990, in Sessions Case No. 12/1988, by which the learned Additional Sessions judge acquitted the respondents herein giving benefit of doubt and holding the prosecution to have failed to prove its case beyond all shadows of doubt. Respondents were acquitted from charges under Sections 147/149/449/436/302/395/396 IPC in respect of FIR No. 421/1984, PS Delhi Cantt. by the learned Sessions Judge, noticing, inter alia, delay in lodging FIR, non-mention of names of respondents-Virender and Ram Lal in the FIR as well as in the complaint. Further the factum of witnesses being interested witnesses coupled with delay in recording of statements of PW-4, PW-6 and PW-7 of 27 days. The State preferred the present appeal and leave to appeal was granted by this court on 15. 01. 1992.

(2.) THIS case is a sequel to the riots, which followed the assassination of late Prime minister-Indira Gandhi on 31. 10. 1984 wherein rajinder Singh and Sardool Singh were reported to be murdered. Dead bodies of both could not be found.

(3.) MR. SUNIL Sharma, appearing on behalf of the State, in support of the appeal, submitted that in this case there are as many as five eye witnesses, namely, PW-1, Harjit Kaur, pw-4, Sushil Kumar, PW-5,. Dr. Harbir sharma, PW-6, Mr. Jagdish Kumar and PW-7, Mr. Mohar Pal Singh. He submits that despite the testimonies of these eyewitnesses, the sessions Judge has chosen to acquit the respondents,