PYARE LAL Vs. STATE

JUDGEMENT

(1.) This appeal arises out of a decision given by the ASJ on 10/11.10.1996 in S.C. No. 2/96 arising out of the FIR No. 426/84 which has been registered on 03.11.1984 under sections 147/148/149/436/427/304/323 IPC in connection with the riots, burning, looting of houses and murder of sikh persons and families which took place in Trilok Puri area and were started after the assassination of the then Prime Minister of India Smt. Indira Gandhi on 31.10.1984 by one Kehar Singh her bodyguard. The targets of this violence were Sikhs living in various parts of Delhi.

(2.) The F.I.R registered by the police on the statement of one Riju Singh was general in nature and no challan whatsoever has been filed in that connection till such time Ranganathan Mishra commission was appointed by the Central Government on 26.04.1985, who then invited the affidavits from the victims of these riots so as to fix the liability and to punish the wrong doers. One such affidavit was filed by Baljeet Kumar Mehra, who in the said affidavit has stated that: (AFFIDAVIT) I, Baljeet Kumar Mehra S/o Shri Satpal aged about 24 years resident of 30/18, Trilok Puri, Delhi-91 do hereby solemnly affirm and declare on oath as under:

(3.) It was, thereafter, the matter was investigated and the statement of Baljeet Kumar Mehra under Section 161 Cr.P.C. was also recorded. A separate challan was filed on 18.01.1996 by the police, which was committed to Sessions and was tried as S.C.No.2/96 against Pyare Lal (appellant herein). Thereafter, charges were framed on 09.02.96 under section 188/148/149/302/397 IPC.