PREMA NAND Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the judgment dated 18/19.12.1995 delivered by an Addl. Sessions Judge in Sessions case no. 16/95 in respect of a challan filed in connection with FIR No. 426/1984 of P.S. Kalyan Puri under Section 147/395/436 read with Section 149 IPC in relation to the incident of rioting which took place in the area of Trilok Puri after assassination of Mrs. Indira Gandhi, the then Prime Minister of the country between 1st to 3rd Nov,, 1984.

(2.) The FIR was a general FIR and as such no action was taken on that basis till such time Ranganathan Mishra Commission appointed by the Govt. of India on 26.04.1985 to enquire into the genesis of the riots as also to fix the identity of the persons who were involved in the incidents which occurred at that time gave its report. Before the Commission affidavits were filed by the victims. One of such affidavit was filed by one Baljeet Kumar Mehra the complainant in this case whose affidavit was then further scrutinized by a Committee headed by Shri R.K. Ahuja who recommended further investigation into the matter under Section 173 (8) Cr.P.C. After further investigation was conducted, a challan was filed against the present appellant and one Bishan Dass ( a juvenile) for their prosecution in this case alleging that in an incident which took place in Block No. 30 of Trilok Puri in the. house of Baljeet Kumar Mehra where rioting took place and house of one Gulzar, tenant in the said house, was burnt. The case was then committed to Sessions on 25.06.1993. Thereafter charges were framed against the present appellant on 12.07.1995 under Section 147/395/149/ 436 IPC.

(3.) Prosecution to prove its case examined 11 witnesses and statement of appellant under Section 313 Cr.P.C. was also recorded. No defence has been led on behalf of the appellant. The other co-accused namely Bishan Dass was tried by a juvenile Court.