KISHORI Vs. STATE OF DELHI

JUDGEMENT

(1.) When the country was mourning the assassination of Smt. Indira Gandhi on October 31, 1984, on that night and for the next two days, riots broke out in several places including Delhi when several persons belonging to Sikh community were killed. Three persons, viz., Kishori, Mohd. Abbas and Duli Chand were charged with having committed the murder of Sajjan Singh, his younger brother Hoshiar Singh and several other Sikhs including Kishan Singh. An Enquiry Committee was constituted and on the basis of the recommendations made by the Enquiry Committee, a complaint was registered in terms of Section 173 of the Code of Criminal Procedure. In an affidavit filed, Smt. 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. Thereafter investigation was done by the police and the accused persons were charged under Sections 147 IPC, 302 IPC, 395 IPC and 436 IPC read with Section 149 IPC attributing them with the acts of rioting, burning and looting of the houses of victims and killing of Sajjan Singh and Inder Singh. Charges were framed by the Sessions Court on the same line and the accused pleaded not guilty and claimed to be tried. The prosecution examined 14 witnesses of whom the testimonies of PW-3, Asaudi Kaur; PW-4, Burfi Kaur, wife of Hoshiar Singh; PW-5 Bhakti Bai, wife of Sajjan Singh; PW-6, Vidya Kaur, daughter of Sajjan Singh; PW-7, Hari Singh; PW-9 Ganga Kaur and other witnesses are relevant for consideration. 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 considering the statement of the accused recorded under Section 313, Cr. P. C. and convicted them of the offences under Sections 148 IPC, 302 IPC read with Section 149 IPC and passed the sentence of death on Kishori, while life imprisonment was imposed on the other two accused.

(2.) The appellant and other accused carried appeals to the High Court apart from the reference made by the Sessions Court for confirmation of the death sentence and the High Court allowed the criminal appeal filed by Duli Chand and Mohd. Abbas and acquitted them in their respective appeals while confirming the sentence of death of Kishori. The present appeals are before us by special leave.

(3.) The trial Court and the High Court critically examined the evidence tendered and were convinced of the guilt of the appellant. The appreciation of evidence by the High Court and the trial Court is based on cogent reasoning and, therefore, detailed examination by us in appeal by special leave is not called for. The fact that Inder Singh, Sajjan Singh and Hoshiar Singh met with the homicidal death is not in serious dispute. On that part of the case there are clear statements made by Asaudi Kaur, PW-3 that on the first day of November, 1984 at about 12 midnight a huge mob came to her house and pelted stones on the door of my house and they all entered into the house. Her husband concealed 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.