1984 Anti-Sikh riots: Delhi special court convicted former Congress MP Sajjan Kumar
12-Feb-2025 10:03 PM 3921
New Delhi, Feb 12 (Reporter) A special court here on Wednesday convicted former Congress MP Sajjan Kumar in a case related to the murders of two people in Saraswati Vihar area during the anti-Sikh riots of 1984. Special Judge for MPs/MLAs cases, Kaveri Baweja, after hearing arguments of both sides, said, "In conclusion, I am of the opinion that Prosecution has been able to prove its case against the accused beyond reasonable doubt. Thus, accused Sajjan Kumar is hereby convicted for offences punishable under Sections 147, 148 and 149 of Indian Penal Code and for offences punishable under Sections 302, 308, 323, 395, 397, 427, 436, 440 read with Section 149 of IPC." The court will pronounce the quantum of punishment on February 18. "The case is now directed to be listed on February 18 for arguments on the point of sentence," the court said. The present case relates to one of the several instances of the widespread anti-Sikh riots that took place in Delhi and other parts of the country after assassination of the then Prime Minister Indira Gandhi by her two Sikh bodyguards. In the said riots, thousands of Sikhs were mercilessly killed in various parts of the country, their houses and shops were burned, and their belongings were looted. The instant case is in respect of killing of one S Jaswant Singh and his son S Tarundeep Singh, both residents of Raj Nagar, Delhi, at the hands of an unruly mob comprising thousands of persons. As per the Prosecution, accused Sajjan Kumar was leading the said mob and it is upon his instigation and abetment that the mob burnt alive the above-named persons, damaged and looted their household articles and other property, burnt down their house and also inflicted severe injuries on their family members and relatives residing in their house. Prosecution alleged that the mob attacked the house of the complainant, Jaswant's wife, killing her husband and son apart from looting articles and setting their house ablaze. Initially, the chargesheet of this case was filed in e-form in the court of Chief Metropolitan Magistrate, Rouse Avenue District Court (RADC). On May five, 2021, chargesheet was received physically and it was accordingly directed to be checked and registered. Additional Chief Metropolitan Magistrate vide order dated July 26, 2021, took cognizance of the alleged offences. Subsequently, vide order dated July 30, 2021, after compliance of provisions of Section 207 Criminal Procedure Code, ACMM committed the matter to the Sessions court as the offence punishable under Section 302 of IPC, along with other offences, are exclusively triable by the court. The instant case filed at Saraswati Vihar Police Station under Sections 147/148/149/395/397/302/307/436/440 of Indian Penal Code (IPC) was registered on the basis of an affidavit dated September nine, 1985 of the complainant. The court said, "From the above discussion and upon considering the evidence, both oral and documentary on record in the course of trial, I am of the considered opinion that the Prosecution has been able to bring home the guilt of the accused. It has been established that the accused was instigating the mob, which was armed with deadly weapons, that is lathis and sarias etc., and that the mob being an ‘unlawful assembly’ within the meaning of Section 141 IPC used force and violence in prosecution of the common object of looting, committed the offence of rioting armed with deadly weapons. The court said, " Further, the fact that the members of the ‘unlawful assembly’ were armed with iron rods, lathis, bricks, etc., also proves that alleged offences were committed after having made preparations for committing such offences." The court said, " It has further been established that accused Sajjan Kumar, being a member of such unlawful assembly, is guilty of having committed the murder of S Jaswant Singh and S Tarundeep Singh, the husband and son of the complainant, during the of rioting which occurred on November one, 1984." The court further said," Besides this, the above named accused, being a member of the aforesaid unlawful assembly which used force and violence by use and means of deadly weapons, committed the offence of attempt to commit culpable homicide punishable under Section 308 of IPC as it has been established that the victim namely ‘Z’ suffered deep injuries on her head requiring as many as 15 stitches, ‘Y’ also sustained head injuries which required many stitches besides various other blunt injury and contusions all over her body." The court said, "Complainant is also proved to have suffered injuries at the hands of the aforesaid mob of which the accused was a part of. Though she deposed that she suffered grievous injuries while trying to save her family members, but in absence of any medical certificate to this effect, the injuries suffered by complainant have not been proved to be grievous in nature. However, her deposition that she sustained injuries during the incident has not been challenged in cross-examination." The court said, "From the evidence on record, it has further been established that the said unlawful assembly or mob comprising of thousands of persons armed with deadly weapons like ‘lathis’, ‘sarias’, etc., resorted to looting, burning and destruction of property and the mob in furtherance of said common object attacked the house of the complainant, looted the household articles and destroyed her house by setting it on fire...////...
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