DELHI HIGH COURT
SURESH KUMAR KAIT
Sajjan Kumar – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
Suresh Kait, J.
1. Vide the petitions being Crl. Rev. P. 438/2010 and 439/2010, petitioners have challenged the Order on Charge dated 01.07.2010 whereby the ld. Trial Court was of the opinion that in view of the statement of witnesses and documents relied upon by the prosecution, there are sufficient grounds for presuming that incident dated 01.11.1984 resulted on account of provocative speeches made by petitioner Sajjan Kumar to the mob gathered in Sultanpuri area and he instigated the mob and other accused persons, who were members of unlawful assembly, resulting into robbery, burning properties and killing members of Sikh community including Surjeet Singh.
2. Accordingly, the trial court opined that there are sufficient grounds for framing charge against petitioner / accused Sajjan Kumar for offences punishable under Section 109, read with Sections 147,148,149,153A,302,436 and 295 of the Indian Penal Code, 1860 and substantive offences thereof. Remaining accused persons are liable to be charged for the offences punishable under Sections 147/148/149/153A/302/436 and 295 of the Indian Penal Code, 1860.
3. Consequently, charges were framed against the petitioner Sajj
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.