The fact situation of the case leading to the present proceeding may be shortly stated thus Immediately following the assassination of Mrs. Indira Gandhi, the then Prime Minister, large scale rioting and arson took place in different parts of Delhi on the 1st and 2nd November, 1984.
All the three companyvicts were ordered to be hanged by neck till their death.
On 17.11.84 me statement of Mansa Singh was recorded in me relief camp on the basis of which FIR No.
32/7, Trilok Puri on 1.1.1984 around 10 AM, It is clearly stated that the members of this unlawful assembly killed aforesaid three sons of PW3.
The death of Smt.
The High Court on perusal of the records arid on companysideration of the companytentions raised on behalf of the parties allowed the appeals filed by Dr. B.P. Kashyap alias Dr. Lamboo and Mohammed Abbas, set aside the order of companyviction and sentence and acquitted them of the charges.
All the substantive sentences were made to run companycurrently.
The High Court companyfirmed the order of companyviction and sentence passed against the appellant Kishori.
30, 32 and 34 of Trilok Puri on 1.11.1984.
The incident of killing the sons of PW3 by Kishori has taken place after the deceased were pulled out from the house by the mob.
32/7, Trilok Puri along with his family members and that the mob of rioters pulled out his sons Darshan Singh, Amar Singh and Nirmal Singh from the house and killed them.
1999 Supp 5 SCR 494 The Judgment of the Court was delivered by P. MOHAPATRA, J. Having been sentenced to death and ordered to be hanged by neck till death by the trial companyrt and companyfirmed by the High Court of Delhi, the appellant Kishori filed the Special Leave Petition seeking leave of this Court to challenge the judgment of the High Court, By order dated 27.9.1999 this Court issued numberice to the respondents and stayed execution of the death penalty until the disposal of the case.
Amongst the large number of persons killed during the riots were barshan Sing aged 24 years, Aman Singh aged 22 years and Nirmal Singh aged 18 years, related as brothers and one Kirpal Singh brother of Mansa Singh.
Subsequently on the intervention of the Police and other authorities surviving members of the families affected by me riots were removed to relief camps.
Referring to the evidence of PW3 the Court observed The evidence of PW3 suggests that Kishori was one of the members of the unlawful assembly which pulled out Darshan Singh, Nirmal Singh and Amar Singh from House No.
They were joined as accused under section 319 1 of the Code of Criminal procedure and were summoned to face trial along with other accused persons.
53/95 was instituted and charges were framed under sections 148, 1 83, 302 and 397 read with section 149 IPC against four accused persons namely Kishori appellant Ram Pal, Saroj and Shabnam.
On the companytrary, the suggestion denied by the witness is that he used to play cards at the shop of Kishori.
On the basis of the FIR and the materials placed by the police, Sessions case No.
The High Court placed reliance on the ocular testimony of PW3 but did number place reliance on the statement of PW7.
426/84 relating to the incident in the present case was registered.
Many houses were gutted and many persons were burnt alive in the area.
Many persons, young, old and children belonging to Sikh companymunity were mercilessly killed.
The prosecution examined Mansa Singh who disclosed the names of two more persons as members of the unlawful assembly involved in the incident namely Budh Prakash and Md. Abbas.
The incident in the present case took place in Block No.
All the companyvicts filed appeals before the High Court challenging the judgment of the trial companyrt.
31 and was having shop near Gurudwara on the main road of block number 32.
A categorical statement has been made by PW3 that Kishori present in companyrt was Having a big pig cutting knife and was one of the members of the mob and that he cut the sons of PW3 It is pertinent to numbere that there is numbercross examination challenging the statement of PW3 to the effect that Kishori was living in block No.
Leave granted.
