MAHENDER SINGH YADAV Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This case too relates to the riots of 1984 witnessing large scale killings of innocent members of a minority community in the wake of assassination of the then Prime Minister of the country. The learned Additional Sessions Judge, by his order dated 29th August, 1996 held that prima facie case for framing of charges was made out against all the accused persons including the two petitioners before me namely Dr. Mahender Singh Yadav and Satbir Singh. Consequently charges were framed against all the accused persons (including the petitioners) under sections 143/147/148/149/201/302/435/436/445/395 and 153-A of the Indian Penal Code. The petitioners, however, feel that no prima facie case is actually made out for framing of those charges. Hence this revision petition by them.

(2.) Mr.Soni who appeared for the petitioners drew my attention to the statements of the prosecution witnesses recorded under section 161 and contended that none of them had said a word against the petitioners and that, consequently there was no justification for framing of the charges.

(3.) Is it so?