Y. K. Sabharwal, J.

( 1 ) THESE matters arise out of judgment of conviction passed by Court of Sessions in respect of Kishori, Mohd. Abbas and Duli Chand, who are appellants before this Court. The learned Additional Sessions Judge has held that these accused were among the rioters and the unlawful rioters assembly had the common object of killing Sikhs, looting and burning their properties and with this common object accused persons alongwith their associates killed Sajan Singh, Inder Singh and Hoshiar Singh and burnt their house 2/85, Tirlokpuri, Delhi, and thereby committed offence under Sections 148, 302 Indian Penal Code read with Sections 149 and 436 read with Section 149 Indian Penal Code It has also been held that rioters assembly also killed Gyan Singh, Mahinder Singh and Kishan Singh, the relatives of Ganga Kaur.

( 2 ) ALONGWITH these appellants, one Ram Pal Saroj was also held guilty but case against him abated due to his death during the trial.

( 3 ) FOR offence under Section 302 Indian Penal Code Kishori has been awarded death sentence subject to confirmation by this Court ; Duli Chand and Mohd. Abbas have been awarded life imprisonment with a fine of Rs. 25,000. 00 each and in case of default in payment of fine to further undergo rigorous imprisonment for 3 years. For offences under Section 148 accused have been awarded 3 years rigorous imprisonment with fine of Rs. 5,000. 00 each and in case of default in payment of fine they have been directed to undergo rigorous imprisonment for 6 months and under Section 436 Indian Penal Code they have been sentenced to under-go rigorous imprisonment for 10 years each with a fine of Rs. 25,000. 00 and in default of payment of fine to further undergo rigorous imprisonment for 3 years. All the sentences have been directed to run concurrently.

( 4 ) DULI Chand and Kishori have challenged their conviction and sentence by preferring Criminal Appeal No. 287 of 1996 and Mohd. Abbas has challenged his conviction and sentence in Criminal Appeal No. 62 of 1997. The confirmation of death sentence awarded to Kishori is subject matter of Murder Reference 1 of 1997. This judgment will dispose of the murder reference as well as these two appeals.

( 5 ) THE prosecution has examined 14 witnesses to bring home the charge against the accused persons. The prosecution case, however, hinges upon the testimonies of Public Witness -3 Asaudi Kaur, Public Witness -4 Barphi Kaur, Public Witness -5 Bhakti Bai, Public Witness -6 Vidya Kaur and Public Witness -7 Hari Singh. The deceased Sajan Singh was father of Public Witness -7 and husband of Public Witness -5 Bhakti Bai. The deceased Inder Singh was husband of Public Witness -3 Asaudi Kaur whereas deceased Hoshiar Singh was husband of Public Witness -4 Barphi Kaur. Public Witness -6 Vidya Kaur is sister of Public Witness -7 Hari Singh and daughter of Sajan Singh. Inder Singh and Sajan Singh were brothers.

( 6 ) LEARNED counsel for all the three accused have vehemently contended that there are material contradictions on vital aspects in the evidence of aforesaid relation witnesses and, therefore, the impugned verdict of conviction returned by learned Additional Sessions Judge is not liable to be sustained and the appellants are entitled to acquittal. Before considering the contradictions pointed out by learned counsel we may notice peculiar circumstances of the present case which deserve to be kept in view while considering submissions of learned counsel for the appellants.

( 7 ) THESE matters relate to killings which took place more than a decade prior to the recording of the evidence. Following the assassination of Mrs. Indira Gandhi large scale riots broke out in Delhi resulting in killing of human beings belonging to a particular community, burning them and lotting their properties. There was total apathy and inaction on the part of the Police during the riots. Many dead bodies were recovered. None was, however, booked for offence under Section 302 a

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