R.V. Easwar, J.

This is an appeal filed by the accused Shabnam alias Mukri alias Abdul Qayum against the judgment dated 19.10.1996 rendered by the Additional Sessions Judge, Karkardooma Courts, Delhi in SC No.23/95 in FIR No.426/84, PS Kalyanpuri, holding the appellant guilty of the offences under Section 148, 397 and 436 of the IPC. The appellant was sentenced to undergo RI for three years under section 148 IPC with fine of Rs.3,000/- and in default to undergo RI for six months; to undergo RI for 10 years and fine of Rs.25,000/- and in default to undergo RI for two years, under section 397 IPC; and sentenced to RI for a period of 10 years and fine of Rs.25,000/- with RI for two years in default, under section 436 IPC. Both the sentences i.e. under section 397 and section 436 IPC were to run concurrently. The benefit of section 428 Cr.P.C. was directed to be given.

2. The appeal arises in the following circumstances. In the aftermath of the assassination of Smt. Indira Gandhi, the then Prime Minister of India on 31.10.1984, riots broke out in Delhi. The rioters targeted the Sikh community and there was large scale violence, looting, killing etc. The present is one such c