JAMUNA DEVI Vs. STATE

JUDGEMENT

(1.) A fierce carnage took place in Delhi and elsewhere following the assassination of the then Prime Minister Smt. Indira Gandhi by her own personal Sikh bodyguard on 31.10.1984 and chaos befell clouding the capital. Violence, arson and looting razed the metropolis of Delhi for 3 -4 days. The sikh community became the target of assault and looting. Their houses were looted and shops were ransacked. The neighbours turned on their neighbours and the Indian civilization broke down in two separate societies. Some Hindu business establishments etc. were also looted and set on fire in the process. Deceased Chander Bhan became a victim of these riots and died in a firing in gali sora kothi on 1.11.1984. On 2.11.1984 complainant Kishan Lal made a complaint with Police Station Subzi Mandi at 11.20 P.M. to the fact that deceased died in the firing at gali shora kothi on 1.11.1984 and that he had heard people from the crowd saying that Harcharan Singh Josh and his men were tiring in the street and in the crowd Chander Bhan had also received bullet injuries and had been removed to Bara Hindu Rao Hospital. Chander Bhan succumbed to his injuries. His complaint was recorded as DD No. 6 -A and in pursuant to this complaint FIR No. 367/1984 under Sec. 302 Indian Penal Code (hereinafter referred to as 'IPC') was registered at Police Subzi Mandi.

(2.) SI Ramesh Kumar collected the MLC of the deceased and got his dead body postmortemed on 2.11.1984. The doctor opined injuries as "ante -mortem caused by firearm (gunshot) fired from distant range". On 2.11.1984 itself SI Ramesh Kumar obtained MLC of one deceased Vinod Kumar resident of Malka Ganj road on which the doctor had recorded "firearm injury, brought dead". SI Ramesh Kumar got postmortem conducted on the dead body of Vinod Kumar and the doctor opined "injuries are ante -mortem caused by firearm fired from a distance", SI Ramesh Kumar also collected MLCs of injured Rakesh, Jagdish Kumar, Bodh Raj, Harkishore, Rajpal, Ramnath from Bara Hindu Rao Hospital.

(3.) During investigation he prepared site plan, deposited the exhibits recovered from the hospital pertaining to the deceased and the injured in the malkhana.