JUDGMENT

M.Y. Eqbal, J.

1. The present appeal has been filed under Section 379 of the Criminal Procedure Code, 1973 read with Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment and order dated 27th August, 2008 passed by the Delhi High Court in Criminal Appeal No. 6 of 1992 reversing the order of acquittal dated 31st October, 1990 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 12 of 1988 and convicting the appellants under Sections 147/149/449/436/302/395/396 of the Indian Penal Code, 1860 and sentencing each of them to undergo rigorous imprisonment and fine under different sections of IPC.

2. During the pendency of this appeal, appellant No. 4 Ram Lal is stated to have died on 23rd May, 2011. Therefore, the appeal stands abated so far as he is concerned.

3. The case of the prosecution in brief is that Harjit Kaur (PW-1), a resident of House No. RZ-1/295, Geetanjali Park, West Sagarpur, New Delhi, apprehensive of harm to her family because of riots which followed the assassination of late Prime Minister Indira Gandhi on 31st October, 1984, had sent both her daughters and a son to her father Govind Singh’s