Important Point
Mass killings of Sikhs between 1st and 4th November 1984 in Delhi and rest of country, engineered by political actors with assistance of law enforcement agencies, answer description of crimes against humanity.

1. By a common judgment passed today in this appeal (certified copy placed below) and the connected appeals, this Court has partly allowed this appeal and reversed the impugned judgment dated 30th April 2013 passed by the District & Sessions Judge, North-east District, Karkardooma Courts in SC No.26/2010 to the following extent.

2. As far as Respondent No.1 is concerned, he is convicted and sentenced as under:

(i) For the offence of criminal conspiracy punishable under Section 120B read with

(a) Section 302 IPC, to imprisonment for life, i.e. the remainder of his natural life;

(b) Section 436 IPC, to RI for 10 years and fine of Rs. 1 lakh and in default of payment of fine to undergo SI for 1 year;

(c) Section 153A (1) (a) and (b) IPC, to RI for three years; and

(d) Section 295 IPC, to RI for two years.

(ii) For the offence of abetting the commission of criminal offences punishable under Section 109 read with Sections 302, 436, 153A (1) (a) and (b), and 295 IPC to identical sentences as in (i) (a) to (d) above.

3. The bail and surety bonds furnished by Respondent No.1 stand cancelled and he shall surrender not later than 31st December 2018, failing which he shall forthwith be taken into custody to serve out the sentences awarded to him.

4. As far as Respondent Nos. 2 to 6 are concerned, the convictions and sentences awarded to each of them by the trial Court by its judgment dated 30th April 2013 and order on sentence dated 9th May 2013 are hereby affirmed. Further, this Court convicts and sentences each of them for the offence of criminal conspiracy punishable under Section 120B read with

(i) Section 436 IPC, to RI for 10 years and fine of Rs. 1 lakh and in default of payment of fine to undergo SI for 1 year;

(ii) Section 153A (1) (a) and (b) IPC, to RI for three years; and

(iii) Section 295 IPC, to RI for two years.

All sentences, including those awarded by the trial Court, to run concurrently.

5. Respondent Nos. 2, 3, and 4 are already in custody. Respondent Nos. 5 and 6 shall surrender not later than 31st December 2018, failing which they shall forthwith be taken into custody to serve out the sentences awarded to each of them. The bail bonds and surety bonds furnished by Respondent Nos. 5 and 6 stand cancelled forthwith.

6. Respondent Nos. 5 and 6 shall not, from this moment till their surrender, leave the NCT of Delhi in the meanwhile and each of them shall immediately provide to the CBI the addresses and mobile number(s) where each of them can be contacted.

7. The appeal is disposed of accordingly.

       Balwan Khokhar - Appellant
Versus
CBI - Respondent
Crl. A. 861 of 2013 & Crl. M.B. 1406 of 2018
Mahender Yadav - Appellant
Versus
Central Bureau of Investigation - Respondent
Crl. A. 715 of 2013
Capt. Bhagmal Retd. - Appellant
Versus
CBI - Respondent
Crl. A. 851 of 2013 & Crl. M.A. 6605 of 2018
Girdhari Lal - Appellant
Versus
State Through CBI - Respondent
Crl. A. 710 of 2014
Krishan Khokar - Appellant
Versus
CBI - Respondent
Crl. A. 753 of 2013

Dr. S. Muralidhar, J.

Charges framed against A-1	8
Charges framed against A-2 to A-6	10
The prosecution case	12
Raj Nagar Gurudwara incident and killing of Nirmal Singh	13
Murders at Shiv Mandir Marg	16
Inconclusive investigation and subsequent Commissions of Inquiry	23
The Justice Nanavati Commission and subsequent investigation by CBI	25
The charge sheet	28
The trial Court’s judgment	31
Appeals against the acquittal of A-1	37
Prosecution’s submissions as regards A-1	38
Complainant’s submissions as regards A-1	45
Submissions on behalf of A-1	50
The Court’s findings as regards the role of Sajjan Kumar (A-1)	65
Failure to register FIRs and unsatisfactory investigations	65
Past involvement of A-1	75
Order framing charges against A-1 upheld	85