Judgement :

OZA, J. :-

1.These appeals by leave are directed against the conviction of the three appellants Kehar Singh, Balbir Singh and Satwant Singh under Section 302 read with Section 120-B, I.P.C. and the appellant Satwant Singh under Section 302 read with Sec. 120-B, Sec. 34 and Sec. 307, 1. P. C. and also under Sec. 27 of the Arms Act. All the three were sentenced to death under Section 302 read with See. 120-B. The conviction and sentence of these appellants were confirmed by the High Court of Delhi by its judgment in Criminal Appeals Nos. 28-29/1986 and Confirmation Case No. 2/86. The case relates to a very unfortunate incident where the Prime Minister Smt. Indira Gandhi was assassinated by persons posted for her security at her residence.

2. The facts brought out during investigation are that Smt. Indira Gandhi had her residence in New Delhi at No. 1,Safdarjung Road. Her Office was at No. 1, Akbar Road which was a bungalow adjoining her residence. In fact the two bungalows had been rolled into one by a campus with a cemented pathway about 8 ft. wide leading from the residence to the Office and separated by a Sentry gate which has been referred to as the TMC Gate and a sentr