JUDGMENT

DR A.S. ANAND, J.- On the night intervening 14-7-1990 and 15-7-1990, the complainant was sleeping on the roof of his house and his two sons Ram Sunder Bhagat and Pankaj @ Kapil Dev Bhagat were sleeping in the shop-house along with Durga Bhagat, the elder brother of the complainant. On hearing the noise of a bomb explosion, the complainant woke up and went towards his shop-house. Chowkidar Gulabi Paswan who was present there was raising alarm. Some members of the complainantsfamily also came out and rushed towards the scene of occurrence and when they reached near the house of Banarsi Shah, they heard the exhortation of the accused party that the family members of Ram Sunder Bhagat would be finished on that day. The complainant could identify Sheikh Ilyas Ansari and Sheikh Ishaque Ansari by their voice. On reaching near the shop, the complainant saw four-five persons standing in the lane and shouting that nobody should be left alive and that all of them should be burnt to death. In the meanwhile, the complainant saw smoke coming out of the shop-house. Instantly, two bombs were exploded and some gunshots were also fired. The villagers rushed to the place of occurrence and in