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 Sajjan Kumar vide order dated 07.07.2010 as under:

"That you Sajjan Kumar, on 1st day of November, 1984, and thereafter, in and around the area of Sultanpuri, that is, Block A,B, C, E & F, and within the jurisdiction of PS-Sultanpuri, being a principal offender, abetted and instigated your co-accused persons, namely, Ved Prakash Pial @ Veedu Pradhan, peeru @ Periya Sansi @ Peera Ram @ Peeriya Gujrati, Khushal Singh @ Munna and Brahmanand Gupta @ Gupta Telwala, along with other known and unknown persons, including police personnel, to do or caused to be done illegal acts, to wit to be the member of an unlawful assembly, armed with deadly weapons, that is, guns, iron rods, dandas, sword, kerosene oil, etc., in prosecution of common object of every member of such assembly to use force or violence, to loot damage, burn the properties of Sikhs, to kill the members of Sikhs Communities residing in that area, in the wake of assassination of Smt. Indira Gandhi, the then Prime Minister of India, and instigating the members of unlawful assembly, intentionally aiding by your acts and illegal omission and in pursuance of engaging the members of unlawful assembly in a conspiracy for commission of offences under Section 147, 148, 149, 153-A, 295, 302, 436 Indian Penal Code, 1860 and the said offences were committed in consequence of your abetment and thereby you committed offences punishable under Section 109 read with Section 147, 148, 149, 153-A, 295, 302, 436 Indian Penal Code, 1860.

Secondly, that you Sajjan Kumar on the aforesaid date and place, delivered fiery / provocative speeches, that is, "Sare sardaron ko maro, ye sardar ka ghar hai, inhe bhi maro, sardaron ne meri maa maar di hai, inko maar do-kaat do" etc. to the mob gathered in that area and instigated and promoted violent enmity against Sikh community and disturbed harmony between the two religious groups / communities of the locality, in retaliation to the assassination of Smt. Indira Gandhi, the then Prime Minister of India and you promoted the feeling of enmity between the members of Non-Sikh and members of Sikh community, which was an act prejudicial to the act of maintenance of harmony and to create feelings of enmity, hatred, ill-will between different groups and communities and which disturbed public tranquillity and thereby committed an offence punishable under Section 153A of the Indian Penal Code, 1860 and within the cognizance of this court."

The charge framed against the other accused persons/petitioner vide order dated 07.07.2010 is as under:-

" I, Ms. Sunita Gupta, District Judge-VII/NE-cum-Additional Sessions Judge, Karkardooma Courts, Delhi, do hereby charge you:-

1. Ved Prakash Pial @ Veedu Pradhan s/o Mange Ram

2. Peeru @ Peeriya Sansi @ Peera Ram @ Peeriya Gujrati s/o Bela Ram

3