New Delhi [India], February 12 : Rouse Avenue Court Convicted former Congress MP Sajjan Kumar for rioting, murder, being a member of unlawful assembly and other offences on Wednesday. The court held that Sajjan Kumar was instigating the mob that killed the father-son duo in the Saraswati Vihar area on November 1, 1984.
The court is hearing arguments on the point of sentence to Sajjan Kumar on February 18.
"It has been established that Accused Sajjan Kumar, being a member of such unlawful assembly, is guilty of having committed the murder of Jaswant Singh and Tarundeep Singh, the husband and son of the complainant, during the incident of rioting which occurred on 01.11.1984," the Rouse Avenue court said in the 139-page judgement.
The case pertains to the killing of one Jaswant Singh and his son Tarundeep Singh, both residents of Raj Nagar, Delhi, at the hands of an unruly mob comprising of thousands of persons.
Special judge Kaveri Baweja found Sajjan Kumar guilty after considering the evidence, both oral and documentary, led on record during the trial.
The judge said, "I am of the considered opinion that the Prosecution has been able to bring home the guilt of the accused."
The court has convicted Sajjan Kumar for offences punishable under Sections 147 (rioting) 148 (Rioting with deadly weapon), 149 (Unlawful assembly), Sections 302 (Murder), 308 (attempt to commit Culpable Homicide), 323 (causing hurt), 395 (dacoity), 397(robbery or dacoity with the intent to cause death or grievous hurt), 427 (mischief by fire), 436 (damage of property by fire), 440 (mischief committed after making preparations to cause death, hurt, or fear), read with Section 149 IPC.
In light of the above, the 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 147/148/149 IPC and for offences punishable under Sections 302, 308, 323, 395, 397, 427, 436, 440 read with Section 149 IPC," Special Judge Kaveri Baweja held in judgment of February 12.
It also said that 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 further held that the complainant (widow of Jaswant Singh) is also proved to have suffered injuries at the hands of the aforesaid mob of which the accused was a part.
The court observed that though she deposed that she suffered grievous injuries while trying to save her family members, in the absence of any medical certificate to this effect, the injuries suffered by her 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.
It was the case of the prosecution that Sajjan Kumar was leading the said mob and it is upon his instigation 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.
While deciding the case, the court relied on the statement of widow (complainant) of Jaswant Singh, her daughter and her niece. This case was investigated by the Special Investigation team (SIT). This SIT was constituted in 2015 after an order passed by the Supreme Court.