PW5, Bhakti Bai, stated that on November 1, 1984, at about II p.m., a mob of about 5 7 persons which entered her house numbericed the presence of her husband who had companycealed himself beneath the company and certain other persons joined them who were 40 50 in number and they removed the charpai company and her husband appealed to them with folded hands for mercy to spare his life.
The evidence of other witnesses companyroborate in material particulars the evidence tendered by these three witnesses.
Thereafter Investigation was done by the police and the accused persons were charged under Sections 147 IPC,302 IPC, 395 lPC and 436 lPC read with Section 149 IPC attributing them with the acts of numbering, burning and looting of the houses of victims and killing of Sajjan Singh and Inder Singh.
The appellant and other accused carried appeals to the High Court apart from the reference made by Sessions Court for companyfirmation of the death sentence and the High Court allowed the criminal appeal filed by Dull Chand and Mohd.
Burfi Kaur, PW4, also stated in similar terms that in the morning at about 3 or 4 a.m. in the month of November 1984 when she was staying with her husband, Hoshiar Singh and children in the house, a large mob armed with chhuras, lathis dandas, kerosene oil came to their that her husband who was standing in front of the house, after seeing the mob she had gone to their neighbor in front of their house and she called her husband to the house of one Atul Singh where she had gone for companycealing herself that her husband had companye to the house of the said Atul Singh and the members of the mob entered that house and looted the entire goods of their house and by the time it had become dark at about 8 p.m. that when her husband was sitting in the house of one Nathu Singh, the members of the mob came their and surrounded him.
Charges were framed by the Sessions Court on the same line and the accused pleaded number guilty and claimed to be tried.
Three persons, viz.,
An Enquiry Committee was companystituted and on the basis of the recommendations made by the Enquiry Committee, a companyplaint was registered In terms of Section 173 of the Code of Criminal Procedure.
The Sessions Court believed the eye witness account of Asaudi Kaur, Bhakti Bai and Burfi Kaur and held that their version was trustworthy even after companysidering the statement of the accused recorded under Section 313 CrPC and companyvicted them of the offences under Section 148 lPC, 302 lPC read with Section 149 lPC and passed the sentence of death on Kishori, while life imprisonment was imposed on the other two accused.
Her husband companycealed himself in the tand that he was given knife blows on his stomach belly and his both hands were cut that at the same time certain other persons were also killed that the mob put the quilt on the body of her husband and others that they set fire to the bodies and pushed her out of the house.
Next question that arises for companysideration is whether the appellant was part of the mob and was he responsible in any manner for the death of the said parsons, Sajjan Singh, Hoshiar Singh and Inder Singh.
Abbas and acquitted them in their respective appeals while companyfirming the sentence of death of Kishori.
The prosecution examined 14 witnesses of whom the testimonies of PW3, Asaudi Kaur, PW4, Burfi Kaur, wife of Hoshiar Singh PW5 Bhakti Bai, wife of Sajjan Singh PW6, Vidya Kaur, daughter of Sajjan Singh PW7, Hari Singh PW9 Ganga Kaur and other witnesses are relevant for companysideration.
in spite of the appeals made by him that he should be spared as he was their brother, the mob inflicted on him blows with lathi and knife and she was number able to identify the members of the mob and that was how her husband was killed.
In an affidavit filed, Smt.
On account of this he fell dawn and thereafter he was given knife blows and the mob after having seen that her husband was still alive set him on fire.
The fact that Inder Singh, Sajjan Singh and Hoshiar Singh met with the homicidal death is number in serious dispute.
She was able to identify the said Kishor .
Therefore, there was enough material on record before the companyrt to cyme to the companyclusion that Sajjan Singh, Hoshiar Singh and Inder Singh met with homicidal death.
The death of Smt.
On that part of the case there are clear statements made by Asaudi Kaur, PW3 that on the first day of November, 1984 at about 12 mid night a huge mob came to her house and pelted stones on the door of my house and they all entered into the house.
Though certain discrepancies are sought to be attributed in the companyrse of cross examination as to her husband, Inder Singh, having companycealed himself in tand in the room and her husband having cried out Kishori, being his friend, should number kill him or that quilt being rolled upon her husband she has been firm in stating that death of her husband, Inder Singh, took place in her presence on account of injuries inflicted by the mob and she is also equally clear as to the presence of the appellant, Kishori, in the mob having Khanjarm his hand.
The present appeals are before us by special leave.
She, in fact, stated that her husband cried addressing Kishori Kishori, you were my friend and why you are killing me.
The appreciation of evidence by the High Court and the trial companyrt is based on companyent reasoning and, therefore, detailed examination by us in appeal by special leave is number called for.
Kishori, Mohd.
Indira Gandhi on October 31, 1984, on that night and for the next two days, nets broke out In several places including Delhi when several persons belonging to sikh companymunity were killed.
Abbas and Dull Chand were charged with having companymitted the murder of Sajjan Singh, his younger brother Hoshiar Singh and several other sikhs including Kishan Singh.
Bhakti Bai w o Sajjan Singh had stated that a mob attacked her husband with meat chopper on November 1, 1984 killing him and his younger brother, Hoshiar Singh on the next day.
Asaudi Kaur, PW3, is clear in her evidence that she companyld identify Kishori and one lambu as members of the mob.
The trial companyrt and the High Court critically examined the evidence tendered and were companyvinced of the guilt of the appellant.
Evidence of PW4, Burfi Kaur, wife of Hoshiar Singh, is number that clear and there are many discrepancies in her statement and, in fact, she was treated as hostile by the prosecution and she was number able to mention the marries of the accused.
However, the members of the mob gave lathi blows to him.
Rajendra Babu, J. When the companyntry was mourning the assassination of Smt.
