STATE Vs. MEHTAB LAL ETC.

JUDGEMENT

(1.) THE present appeal arises from an incident in the aftermath of the assassination of the Prime Minister Smt. Indira Gandhi. The respondents were apprehended at Rajouri Garden and charged for the offences under Sections 147, 148, 454 read with Sections 149, 427 and 436 read with Sections 149 IPC and Section 380 IPC read with Section 149 IPC.

(2.) THE brief facts are that on 01.11.1984, S.I. Gurdev Singh and four Constables of police station Rajouri Garden were patrolling in the area. At about 5.00 p.m, the police saw 50/60 persons were breaking the lock of shutter of shop namely M/s. Kohli Electronics and when the police tried to restrain them, the mob started pelting stones on the police party. The mob lifted shutter of shop, looted the goods in the shop and set the shop on fire. Thereafter the mob, moved towards shop named as M/s. Fancy Corner and broke the lock of shop and looted the goods. S.I. Gurdev Singh informed the Police Station and requested for sending some officer. Fire brigade was informed, but it did not come to the spot. Police party apprehended five persons on the spot. Subsequently, five more persons were apprehended. Case was registered under Sections 147/148/149/454/380/436/427 IPC on the statement of SI Gurdev Singh. One Bharat Bhushan was also arrested on 13.11.1984, who made a disclosure statement and got recovered cooking gas grill stolen from the shop of M/s. Kohli Electronics.

(3.) WE may notice at the inception itself that respondent No. 10 passed away on 15.1.1999 and the appeal qua him thus stands abated. It has also been explained by learned APP that respondent No. 6 was not one of the accused who was tried by the Trial Court and his name has been inadvertently added in the memo of parties and in appeal. Respondent Nos. 7 and 9 are represented through counsels Mr. Surender Gandhi and Ms. Sunita Singh. Since there was no conflict of interest, we appointed Mr. Gandhi as the Amicus to assist this Court on behalf of respondent Nos. 1 to 5, 8 and 11.