ORDER

1. This appeal by way of special leave has been filed impugning the judgment of the Delhi High Court dated 5th March, 2008, whereby the death reference with respect to the appellant’s case has been declined and his appeal has been allowed to the extent that the conviction under Section 302 of the IPC recorded by the Additional Sessions Judge has been modified to a conviction under Sec.304 Part II of the IPC and a sentence of 8 years R.I. along with fine of Rs.2,00,000/-

2. As per the facts of the case the incident happened on 16th August, 1987, (on the day of the Janmashtami festival) when Constable Rishipal (DW.1) who was posted in police station Vivek Vihar, where the appellant was the SEO was stabbed by the deceased Mahender and his accomplice Ram Kumar. Information about the stabbing incident was received in the police station and a case under Sec. 307 etc. was registered against the two. The police thereafter launched a manhunt to trace the culprits but were unable to do so and enraged by the turn of events the police officers allegedly picked up the family members and neighbours of Mahender and Ram Kumar and confined them in the police station Vivek Vihar where they w