1984 Anti Sikh Riots: Delhi Court Frames Charges Against Former Congress MP Sajjan Kumar

A Delhi Court has framed charges against former Congress MP Sajjan Kumar in connection with murder of a man and his son residing in West Delhi area during the 1984 Anti Sikh Riots case.

Special Judge MK Nagpal framed charges under sec. 147, 148, 149, 302, 308, 323, 395, 397, 427, 436 and 440 read with sec. 149 of the Indian Penal Code.

The complainant had stated that on November 1, 1984 a mob had attacked on their house resulting in the killing of her husband and son, inflicting injuries on her and other persons, including damage and destruction of their property.

The complainant further stated that she saw a photo of Kumar in a magazine later and identified him be of the person instigating the mob.

Thereafter Ministry of Home Affairs vide its order dated 12.02.2015 constituted a SIT for investigating or re­investigating the cases concerning the1984 riots. The complainant's statement was recorded wherein she again narrated the incident.

Further investigation in the matter revealed that the victims, sister­-in­-law of the complainant along with both the deceased were present at the house when a violent mob consisting of thousands of persons and armed with iron rods and lathis etc. had attacked their house, broken its doors and windows, looted household articles and committed mischief by fire or otherwise by destroying their household articles and by setting their house on fire.

It was also alleged that Kumar, by leading and being a member of an unlawful assembly consisting of thousands of persons and armed with deadly weapons had committed the offences of rioting, dacoity, murder, attempt to murder, causing grievous hurt and mischief by fire or otherwise by destruction of house and other household property of the victims.

Perusing the statements and other relevant material on record, the Court observed thus:

"Hence, in prima facie opinion of the court, the above oral and documentary evidence collected by the IO(s) during the course of investigation of the case is sufficient to make this court to form a prima facie opinion that an unlawful assembly or mob of several thousand persons armed with deadly weapons like danda and iron rods etc. was there on the above said date, time and place and the common object of such mob or unlawful assembly was to resort to large scale looting, arson or destruction of property of sikhs to avenge the killing of the then Prime Minister Smt. Indira Gandhi by her two sikh bodyguards and the above incident of attack on the house of complainant took place at the hand of said mob only and in the said attack not only the house and other household articles of complainant were looted and destroyed, by fire or otherwise, but also the killing of her husband and son took place and even the complainant and the other victims suffered injuries at the hands of participants of such mob."

The Court was of the view that there was sufficient material on record to form a prima facie opinion that Kumar was not only a participant of mob that attacked the house of the deceased, but was also leading it.

The Court however dropped the charges under sec. 201 (Causing disappearance of evidence of offence, or giving false information to screen offender) and 307 (Attempt to murder) of the IPC.

"Still, this court finds sufficient material on record to frame charge against the accused for the offence of culpable homicide not amounting to murder and punishable U/S 308 IPC, instead of Section 307 IPC, as the medical documents of the female victims/injured of the case, which are of the relevant period when injuries were suffered by them, as well as the connected statements of the doctors on record show that apart from the other injuries, they also suffered deep injuries on their heads and the injured 'Z' required fifteen stitches for her head injury and even the injured 'Y' required many stitches for the said injury and the deceased sister­in­law of complainant also even suffered a fracture on her left hand, besides the other injuries," it added.

The Court opined that the injuries suffered by the three female victims prima facie appeared to have been inflicted with blunt objects, with an intention or knowledge and under such circumstances that if their death was caused as a result thereof, then the accused and every other member of the mob would have been guilty of the offence of culpable homicide not amounting to murder.

"As far as injuries suffered by the complainant herself are concerned, the same prima facie can be treated as simple injuries only having been caused by blunt objects," the Court added.

Title: State v. Sajjan Kumar

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