JUDGMENT :

UDAY UMESH LALIT, CJI.

1. These review petitions arise out of the judgment and order dated 10.8.2011 [Mohd. Arif alias Ashfaq vs. State (NCT of Delhi), (2011) 13 SCC 621] passed by this Court in Criminal Appeal Nos. 98-99/2009.

2. According to the prosecution, on the night of 22.12.2000 some intruders entered the area where the Unit of 7 Rajputana Rifles of the Indian Army was stationed inside the Red Fort, New Delhi. In the firing that was opened by the intruders, three Army jawans lost their lives. The intruders then left by scaling the rearside boundary wall of the Red Fort. This led to the lodging of FIR No. 688/2000 registered with Kotwali Police Station, New Delhi in respect of offences punishable under Sections 302, 307, 186, 353, 120-B, 121, 121-A, 216 and 201 of the Indian Penal Code, 1860¹ [“IPC” for short] read with Sections 25, 27, 54 and 59 of the Arms Act, 1959, Section 14 of the Foreigners Act, 1946, Sections 4 and 5 of the Explosive Substances Act, 1908 and Sections 420, 468, 471, 474 and 34, IPC. In the investigation, the involvement of the present review petitioner was made out.

3. The review petitioner, who was tried for said offences, was awarded death se