Judgment

Rajendra Babu, J.-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 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 Session