STATE Vs. RAVINDER SINGH

JUDGEMENT

(1.) STATE has filed the present appeal against the acquittal of the respondents.

(2.) PRESENT case was registered on the statement of Bhan Singh, Security Guard employed at Mohan Machine, Coca-cola Factory, situated at Okhla Industrial Area, Phase-I. He in his statement Ex-PW 7/a, made to the police stated that on 1st November, 1984, he was posted as a security guard in the above factory. The factory was closed due to weekly off on Thursday. He along with Mohinder Singh, Santokh Singh, Balkar Singh, Jit Singh, Prakash Singh, Balwant Singh, Bachan Singh, Bhoop Singh and Ram Chander was present on duty. At about 2. 30 p. m. , a crowd of about 1500 to 2000 persons armed with lathis, saria etc. came and they started throwing stones and breaking glass panes of the factory and put the factory vehicles on fire. These persons while damaging and setting ablaze the factory, were heard saying that the owner of the factory was a Sardar/sikh and they would take revenge of the death of Prime Minister in that manner. They looted from factory, crates of Campa Cola bottles, type writers, furniture etc. He (Bhan Singh) and his companion saved their lives with great difficulty by concealing themselves under the goods of the factory and in the meantime police came and they were taken out. This crowd had intentionally committed riots with common object by setting the factory on fire and looting away the goods therefrom.

(3.) WHEREABOUTS of his other companions namely Balkar Singh, Jit Singh, Rankash Singh, Balwant Singh, Bachan Singh, Bhoop Singh and Ram Chander, who were also on duty are not known to him. Bhan Singh in his complaint has stated that he did not know the name of any persons out of the crowd but he can identify them if confronted.