JUDGMENT

D.P. Mohapatra, J.-Having been sentenced to death and ordered to be hanged by neck till death by the trial Court and confirmed 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 notice to the respondents and stayed execution of the death penalty until the disposal of the case.

2. Leave granted.

3. 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. Many persons, young, old and children belonging to Sikh community were mercilessly killed. The incident in the present case took place in Block No. 30, 32 and 34 of Trilok Puri on 1.11.1984. Amongst the large number of persons killed during the riots were Darshan Singh 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. Many houses were gutted and many persons were burnt ali