KAUSHALYA @ TILLA Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 16.12.1996 in Sessions Case No.63/95 arising out of FIR No.426/84 Police Station Kalyan Puri vide which the appellant has been convicted on charges under Section 148 IPC and Section 302 IPC read with Section 149 IPC and the consequent order on sentence dated 17.12.1996 sentencing the appellant to undergo imprisonment for life and also to pay a fine of Rs.25,000/-, in default of payment of fine, to undergo RI for a period of two years for the offence punishable under Section 302/149 IPC and also to undergo RI for a period of three years and to pay a fine of Rs.5,000/-, failing which to undergo RI for a further period of six months for the offence punishable under Section 148 IPC.

(2.) BRIEFLY put, case of the prosecution is that in the aftermath of the assassination of Prime Minister Smt. Indira Gandhi, violent anti-Sikh riots erupted in Delhi, which continued for a few days from 31.10.1984 onwards. On 02.11.84, at around 5:30 pm, telephonic information was received at Police Station Kalyan Puri through Inspector Rajesh of PCR that the Additional Commissioner of Police Shri Nikhil Kumar had intimated on telephone that a massacre was going on in Block No.32 Trilok Puri and the police force may be sent there. The information was recorded in the daily diary as DD No.12A dated 02.11.84 and the copy of the DD report was entrusted to SI Man Phool Singh, who immediately proceeded for the place of occurrence along with Constable Pat Ram. TheSHO and the other staff also reached Block No.32 Trilok Puri in an official vehicle, where they found houses No.123, 124, 484 and 485, besides many other houses, on fire. One Sucha Singh and Lacha Singh were found there in injured condition and they were removed to the hospital. In the meanwhile, some senior officers also reached at the spot of occurrence with additional force and about 107 rioters were rounded up. The women and children belonging to the Sikh community were also sent to the police station. Some other injured persons, who were found at the spot, were sent to the hospital. SI Man Phool Singh met the complainant Rijju Singh at the spot of occurrence and recorded his statement, which disclosed the commission of various offences punishable under Section 147/148/149/436/304/323 IPC. SI Man Phool Singh appended his endorsement to the statement of the complainant Rijju Singh and sent it to the police station for the registration of the case and on the basis of said statement, formal FIR No.426/84 was recorded at the Police Station Kalyan Puri. We may note the complaint of Rijju Singh was specific to the incident relating to his family and the murder of his brother-in-law Lakha Singh, besides general allegations pertaining to the loss of life and property caused by the rioters to several Sikh families.

(3.) ON conclusion of the investigation, a single charge sheet in respect of all the incidents which took place during riots at Block No.32 Trilok Puri was submitted in the Court. However, on the directions of the learned trial Judge, aforesaid charge sheet was split into separate charge sheets relating to specific incidents. So far as the case under appeal is concerned, challan was filed against one Ram Pal Saroj (since expired), who was charged for the offences punishable under Section 188 IPC, 148 IPC, 302 IPC read with 149 IPC and Section 397 IPC read with 149 IPC, to which he pleaded not guilty and claimed trial.