S. Muralidhar, J. - (1.) In the summer of 1947, during partition, this country witnessed horrific mass crimes where several lakhs of civilians, including Sikhs, Muslims and Hindus were massacred. A young poet, Amrita Pritam, who fled to this country with her two little children from Lahore was witness to the manifold tragedies during that perilous journey. She was moved to pen an "Ode to Waris Shah" in which she spoke of the fertile land of Punjab having "sprouted poisonous weeds far and near" and where "Seeds of hatred have grown high, bloodshed is everywhere / Poisoned breeze in forest turned bamboo flutes into snakes / Their venom has turned the bright and rosy Punjab all blue". The killings would continue in the streets of Delhi. Thirty-seven years later, the country was again witness to another enormous human tragedy. Following the assassination of Smt. Indira Gandhi, the then Prime Minister of India, on the morning of 31st October 1984 by two of her Sikh bodyguards, a communal frenzy was unleashed. For four days between 1st and 4th November of that year, all over Delhi, 2,733 Sikhs were brutally murdered. Their houses were destroyed. In the rest of the country too thousands of Sikhs were killed. A majority of the perpetrators of these horrific mass crimes, enjoyed political patronage and were aided by an indifferent law enforcement agency. The criminals escaped prosecution and punishment for over two decades. It took as many as ten Committees and Commissions for the investigation into the role of some of them to be entrusted in 2005 to the Central Bureau of Investigation (CBI), 21 years after the occurrence. The present appeals arise as a result of the investigation by the CBI into the killing of five Sikhs in the Raj Nagar Part I area in Palam Colony in South West Delhi on 1st and 2nd November 1984 and the burning down of a Gurudwara in Raj Nagar Part II. Six accused, including Sajjan Kumar a Congress leader who was a Member of Parliament at that time, were sent up for trial some time in 2010. Three years later, the trial court convicted five of the accused: three of them for the offences of armed rioting and murder and two of them for the offence of armed rioting. Sajjan Kumar stood acquitted by the trial Court of all offences. The convicted accused as well as the CBI appealed to this Court. In the judgment that follows this Court has partly allowed CBI's appeal and reversed the acquittal of Sajjan Kumar. This Court has convicted him for the offences of criminal conspiracy and abetment in the commission of the crimes of murder, promoting enmity between different groups on grounds of religion and doing acts prejudicial to maintenance of communal harmony, defiling and destruction of the Gurudwara by burning. Further while affirming the conviction and sentences awarded by the trial court to the other five accused, this Court has additionally convicted and sentenced them for the offence of criminal conspiracy to commit the aforementioned crimes. The accused in this case have been brought to justice primarily on account of the courage and perseverance of three eyewitnesses. Jagdish Kaur whose husband, son and three cousins were the five killed; Jagsher Singh, another cousin of Jagdish Kaur, and Nirpreet Kaur who saw the Gurudwara being burnt down and her father being burnt alive by the raging mobs. It is only after the CBI entered the scene, that they were able to be assured and they spoke up. Admirably, they stuck firm to their truth at the trial. This Court is of the view that the mass killings of Sikhs in Delhi and elsewhere in November 1984 were in fact "crimes against humanity". They will continue to shock the collective conscience of society for a long time to come. While it is undeniable that it has taken over three decades to bring the accused in this case to justice, and that our criminal justice system stands severely tested in that process, it is essential, in a democracy governed by the rule of law to be able to call out those responsible for such mass crimes. It is important to assure those countless victims waiting patiently that despite the challenges, truth will prevail and justice will be done. These appeals are directed against the judgment dated 30th April 2013 passed by the District & Sessions Judge, North-east District, Karkardooma Courts, Delhi ("trial Court") in SC No.26/2010 arising out of FIR No.RCSI-1/2005/S0024 registered at PS Delhi Cantonment acquitting Sajjan Kumar (Accused No.1: "A-1") of the offences of criminal conspiracy and abetment while, at the same time, convicting Balwan Khokar ("A-2"), Mahender Yadav ("A-3"), Captain Bhagmal (Retd.) ("A-4"), Girdhari Lal ("A-5"), and Krishan Khokar ("A-6"). The trial Court convicted A-2, A-4, and A-5 for the offences punishable under Sections 147, 148, and 302 read with 149 IPC. A-3 and A-6 were convicted for the offences punishable under Sections 147 and 148 IPC. By the order on sentence dated 9th May 2013, they have been sentenced in the following manner: (i) For the offence punishable under Section 302 read with Section 149 IPC, A-2, A-4, and A-5 were sentenced to imprisonment for life along with payment of a fine of Rs.1,000/- and, in default of payment of fine, to undergo rigorous imprisonment ("RI") for six months; (ii) For the offence punishable under Section 147 IPC, all five convicted accused were sentenced to two years' RI along with payment of a fine of Rs.1,000/- and, in default of payment of fine, to undergo RI for six months; (iii) For the offence punishable under Section 148 IPC, all five convicted accused were sentenced to three years' RI along with payment of a fine of Rs.1,000/- and, in default of payment of fine, to undergo RI for six months.
(2.) The Central Bureau of Investigation ("CBI") has filed Crl.A.1099/2013 challenging the complete acquittal of A-1 and the acquittal of the other accused for the other charges framed against them. The complainant, Jagdish Kaur (PW-1), had also preferred Crl.A.850/2013 against the acquittal of A-1 which was subsequently withdrawn, with this Court granting her liberty to address arguments in Crl.A.1099/2013.
(3.) The convicted accused, have filed separate appeals. Crl.A.861/2013 has been preferred by A-2, Crl.A.715/2013 by A-3, Crl.A.851/2013 by A-4, Charges framed against A-1;