- (1.) On August 17, 1981 the members of the Balmiki community of Chandigarh observed a strike to protest against the death of Ramesh Kumar, a Balmiki of Sector 20, Chandigarh who had been in the custody of the Delhi Police. About 1400/1500 persons gathered at Nehru Park, Sector 22, and proceeded in a procession towards the Estate Officer, Sector 17. They were armed with sticks and iron rods. A sizeable posse of Chandigarh police under Shri G.S. Aujla, S.S.P. was present near the Estate Office to maintain law and order as the processionists had been raising slogans against the police. At 1.45 P.M. a part of the procession emerged from the side of Mehfil restaurant, its members were armed with sticks and iron rods. The processionists submitted a memorandum to the Deputy Commissioner, Chandigarh. Some of them also delivered speeches raising slogans like "blood for blood", "down with Delhi Police" and "down with dogs in khakhi". When Prem Chand Premi was delivering his speech, the part of the procession which had come from the side of the restaurant attacked a passer-by who ran towards the police for help. When the police officers ran towards that side to rescue that man, the processionists started assaulting the police leading to infliction of grievous injuries to DSP Pritam Singh (PW.15) who suffered an injury which was declared dangerous to life and also to Inspector Partap Singh (PW.14), Inspector Sham Singh (PW.16), C. Surjit Singh and C. Yadvinder Singh (PW.31). 23 police officers and men received simple injuries. The processionists then went on a rampage and damaged the shops of Ashok Kapoor (PW.4), k S.S. Sodhi (PW.5), Kashmiri Lal Sehgal (PW.6.), Ravinder Singh (PW.8), Bhim Singh (PW.9) and Shiv Dayal (PW.36).
(2.) 12 members of the procession were sent up for trial on the basis of F.I.R. No. 730, dated August 17, 1981 recorded at Police Station Central, Chandigarh at 2.20 P.M. under sections 307, 148, 149, 353, 332, 452, 379, 380, 427 and 337 of the Indian Penal Code. The learned Additional Sessions Judge, Chandigarh vide judgment dated June 4, 1988 concluded that five of the accused had not been successfully identified and they were acquitted. The accused who had been idetified by one or the other member of the police party were Hukam Chand, Surjan Singh, Gurcharan Singh, Piare Lal, Krishan Lal, Kashmiri Lal and Kewal Krishan. They were sentenced under sections 307/149 I.P.C. to imprisonment for five years and also under Section 333/149, 332/149, 452/149, 427/149 and 148 I.P.C. to various lesser terms. All sentences were directed to run concurrently. The convicted accused has filed this appeal. During the pendency of the appeal, Hukam Chand and Kashmiri Lal died, consequently the appeals on their behalf stand abated and only five appellants remain.
(3.) The main question to be considered in this appeal is whether all or any of the appellants were part of the mob which had attacked the police and inflicted grievous and simple injuries to 28 members of the police force. Before embarking upon the process of assessing the evidence against each of the appellants, it would be necessary to briefly describe the nature of the injuries received by the injured police officers.;