BHAGWAN DASS AND ORS. Vs. STATE

JUDGEMENT

(1.) BY way of this appeal, appellant has assailed the judgment dated 30.11.2004 and order on sentence dated 2.12.2004 of the learned Additional Sessions Judge passed in Sessions Case No. 54/2001, FIR No. 3/93 under Sections 147/148/149/448/395/34 Indian Penal Code (hereinafter referred to as IPC) registered at Police Station Bara Hindu Rao.

(2.) IN brief the allegations of the prosecution are that complainants Prakash Kaur and her son Jagjit Singh were running crockery shop in premises No. T -56 and T -57 till two or three months prior to the riots of 1984. The accused persons were residing in the neighbourhood of the shops of the complainants. After the riots, complainants were informed by one Shyam and Kaushalya that their shops had been occupied by some persons. Complainant Prakash Kaur visited the shop on 20.11.1984 and found lock of the shop broken as well as goods looted and also found the accused persons in possession of the said shops. Despite her persistent complaints, Police did not register any FIR about robbing of their articles from the shop and forcible occupation of the shops by the accused persons. When Jain Aggarwal Committee was constituted, the complainants got an opportunity to file their respective affidavits about the incident. On the directions of the said committee an FIR was registered against the accused persons in January 1993.

(3.) THE appellants have challenged the judgment of conviction and order on sentence of the trial court on the following grounds: