STATE Vs. MANOHAR LAL

JUDGEMENT

(1.) Award of death sentence by the learned Additional Sessions Judge, Karkardooma Courts, Delhi for the offences under Sections 148/302, read with Section 149 and Section 396, Indian Penal Code required this criminal reference under Section 366 of the Code of Criminal Procedure (hereinafter referred to as "the Code") for confirmation of the said death sentence imposed on both the convicts and the aforesaid two appeals by the said convicts/appellants under Section 374 (II) of the Code challenging the conviction and sentence.

(2.) The incident occurringon2,11.1984 in Trilok Puri area relates to the breaking out of the riots consequent to the assassination of late Prime Minister Smt. Indira Gandhi. According to the prosecution in the ir.cidentof 2.11.1984 in the area of Block Nos. 30,31 and 32 in front of House Nos. 91 and 92 in Trilok Puri during anti-Sikh riots, besides other persons, four persons, namely Darshan Singh aged 35 years, Laxman Singh aged 30 years, two young boys Shamen Singh aged 18 years and Hoshiar Singh aged 15 years, all sons of one Honda Singh were brutally burnt to death by die violent mob of rioters who were on rampage. The surviving members of the family, namely, father, mother and widow of deceased Laxman Singh were sheltered in the relief camp; that the statement of Harbai, the mother of the deceased sons and the statement of Nanki Bai widow of, one of the deceased son of Harbai, Laxman Singh were recorded on 17.11.1984, only indicating the commission of cognizable offence but very brief and vague and truncated also, pursuant to which a general F.I. R. No. 426/84 was recorded at P. S.KalyanPuri; that no separate cases were registered nor any investigation accordingly carried out; that none was hooked for any offence; that later on a Committee comprising of Justice Jain Aggarwal was constituted on the recommendation of Justice Mishra Commission to identify the specific instance of murder whereupon Smt. Harbai, the mother of four deceased sons sworn the affidavit regarding the incident dated 2.11.1984 wherein her four sons died brutal premature deaths at the hands of miscreants, on the basis whereof F.I.R. No. 508/91 dated 4.9.1991 came to be registered at P.S. Trilok Pun for the offences under Sections 147/148/149/302/427/436, IPC. In course of the investigation statements of Harbai widow of Honda Singh and Smt. Nankibai came to be recorded besides other investigation. On completion of investigation charge-sheet came to be filed. The Additional Sessions Judge, appreciating the evidence on record, found two out of four persons shown in the charge-sheet, guilty for the offences charged and convicted awarding capital punishment. The finding of guilt and the sentence imposed have been challenged by both the convicts (appellants) by these separate appeals besides present reference by the Additional Sessions Judge, Karkardooma Courts, Delhi under Section366 of the Code for the confirmation of capital punishment.

(3.) The undisputed facts revealed are that on 1.11.1984 and thereafter anti-Sikh riots had broken out in Trilok Puri area, Delhi following the assassination of late Prime Minister. Houses were ransacked, looted and set ablaze. Hundreds of innocent persons, young and old, lost their lives at the hands of rioters. Many persons had to abandon their dwellings and take shelter in relief camps. Families scattered and the after-effects of the incident of 2.11.1984 and there-around left many families in the state of misery.