( 1 ) THIS case too relates to the riots of 1984 witnessing large scale killings of innocent members of a minority community in the wake of assassination of the then Prime Minister of the country. The learned Additional Sessions Judge, by his order dated 29th August, 1996 held that prima facie case for framing of charges was made out against all the accused persons including the two petitioners before me namely Dr. Mahender Singh Yadav and Satbir Singh. Consequently charges were framed against all the accused persons (including the petitioners) under sections 143/147/148/149/201/302/435/436/445/395 and 153-A of the Indian Penal Code. The petitioners, however, feel that no prima facie case is actually made out for framing of those charges. Hence this revision petition by them.

( 2 ) MR. SONI who appeared for the petitioners drew my attention to the statements of the prosecution witnesses recorded under section 161 and contended that none of them had said a word against the petitioners and that, consequently there was no justification for framing of the charges.

( 3 ) IS it so?

( 4 ) BEFORE I proceed to deal with the contention of the petitioners let me give a resume of the case emerging from the statements recorded under section 161 of the Code of Criminal Procedure.

( 5 ) THE prosecution alleges that on November 1, 1984 at about 9 a. m. a meeting was held which was attended by the petitioners also [see Public Witnesss Prem Kaur, Jatan Kaur] and that in the said meeting Sajjan Kumar, former member of Parliament (one of the accused persons) had exhorted the audience to kill the Sikhs, burn their houses and loot their belongings, and that those belonging to the locality and present at the meeting were raising slogans like Indira Gandhi Zindabad, Sikhon ko Maaro (kill the sikhs), Sikhon Ke Gharon Ko Looto aur Jalao (loot and burn down the houses of the Sikhs ). Not only this, they wanted Sikh children also to be killed. The same day at about 3 p. m. the same persons (Yahi Logon Ne) (See Public Witness Jatan Kaur) led by Sajjan Kumar set the Gurudwara building on fire, killed Jatan Kaur s husband, son and a nephew and after looting her house, set it on fire. The same persons killed the other Sikhs also after dragging them out of their houses and looted and burnt their houses (See Public Witness Jatan Kaur ). Navin Singh too was dragged out of the house and was attacked with a ballam and later set ablaze (See Public Witnesss Anwar Kaur, Phota Singh and Wazir Singh ). His house too was set on fire.

( 6 ) IF the statements recorded by the prosecution are read as a whole they would show that a mob had collected under the leadership of Sajjan Kumar, that the mob led by him was raising anti-Sikh slogans and wanted the Sikhs killed, and their houses looted and burnt down and that the same very mob which comprised of the petitioners also burnt a Gurudwara, looted and burnt down houses, dragged Sikhs out of their houses and brutally killed them. One of those unfortunate Sikhs happened to be Navin Singh.

( 7 ) IT is true the widow of Navin Singh has not specifically named the petitioners as being members of that unlawful assembly but then she has not ruled out their presence either. She has named a few persons specifically and has said that there were others also. That the petitioners were the members of that unlawful assembly finds support from the statements of Wazir Singh and Jatan Kaur when read together. Wazir Singh has stated in clear and unambiguous terms that Mahender Singh Yadav (who, admittedly is also known as Dr. Ganga Ram) was a member of the unlawful assembly which was raising slogans like "sardar Logon Ko Maar Do". (Kill the Sikhs) "kisi Bhi Sardar Purush Wa Bachhon Ko Mat Chhodo" (do not spare any grown up Sikh or Sikh children), "khoon Ka Badla Khoon" (blood to be avenged with blood) and that Sajjan Kumar was exhorting them to kill the Sikh and to burn down their houses. It is also in his statement that the