Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 1 of 101 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : SEPTEMBER 18th 2009 + Crl. Appeal No. 671/2007 # SATYAVIR SINGH RATHI ..... Appellant ! Through: Mr. D.C. Mathur, Sr. Adv. with Mr.R.S. Malik and Mr. Suraj Rathi, Advs. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. + Crl. Appeal No. 723/2007 # SHIV KUMAR ..... Appellant ! Through: Mr. B.S. Rana, Adv. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. + Crl. Appeal No. 789/2007 # SUBHASH CHAND ..... Appellant ! Through: Mr. M.K. Singh, Adv. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 2 of 101 Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. + Crl. Appeal No. 788/2007 # ASHOK RANA ..... Appellant ! Through: Mr. G.P. Thareja, Adv. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. + Crl. Appeal No. 808/2007 # TEJ PAL SINGH ..... Appellant ! Through: Mr. D.K. Sharma, Adv. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. + Crl. Appeal No. 824/2007 # KOTHARI RAM ..... Appellant ! Through: Mr. Sanjay srivastava, Adv. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 3 of 101 + Crl. Appeal No. 825/2007 # SUMER SINGH ..... Appellant ! Through: Mr. M.K. Singh and Mr. R.K. Saxena, Advs. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. + Crl. Appeal No. 836/2007 # MAHAVIR SINGH ..... Appellant ! Through: Pt. R.K. Naseem, Mr. Nitin Tittal, Mr. Manish Kumar and Mr. Dinesh Sharma, Advs. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. + Crl. Appeal No. 113/2008 # SUNIL KUMAR ..... Appellant ! Through: Mr. Zubair Ahmad Khan, Adv. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 4 of 101 + Crl. Appeal No. 686/2007 # ANIL KUMAR ..... Appellant ! Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Anurag Jain, Adv. versus $ STATE (CBI) ..... Respondent ^ Through: Mr. P.P. Malhotra, ASG with Mr.Akshay Bipin, Mr.S.K. Saxena, Mr.Chetan Chawla, Mr.Gaurav Sharma and Mr.Shankar Chabbra, Advs. * CORAM: HON'BLE MR. JUSTICE B.N.CHATURVEDI HON'BLE MR. JUSTICE G.S. SISTANI 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? : B.N.CHATURVEDI, J. 1. These appeals are directed against a common judgment of conviction dated 16th October, 2007 and order of sentence dated 24th October, 2007 passed by the Court of an Additional Sessions Judge, Delhi. The appellants were held guilty and convicted under various heads of charges and sentenced therefor. Each one of the appellants were convicted and sentenced thus:- Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 5 of 101 Name of Appellant Offence for which convicted Sentence awarded Satyavir Singh Rathi, ACP, Delhi Police Under Sections 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC, 193 IPC, 201/34 IPC and 203/34 IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Under Section 193 IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Under Section 201 IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Under Section 203 IPC—rigorous imprisonment for 2 years. Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 6 of 101 Anil Kumar, Inspector of Police, Delhi Police Under Sections 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC, 193 IPC, 201/34 IPC and 203/34 IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Under Section 193 IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Under Section 201 IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Under Section 203 IPC—rigorous imprisonment for 2 years. Ashok Rana, Sub- Inspector of Police, Delhi Police Under Sections 120B IPC, 302 IPC read with 120B IPC, 307 IPC read Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 7 of 101 with 120B IPC, 193 IPC read with 120B IPC Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Shiv Kumar, Head Contable, Delhi Police 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 8 of 101 TajPal Singh, Head Constable, Delhi Police 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Mahavir Singh, Head Constable, Delhi Police 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 9 of 101 years and a fine of Rs.100/- Sumer Singh, Constable, Delhi Police 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Subhash Chand, Constable Delhi Police 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 10 of 101 read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Sunil Kumar, Constable, Delhi Police 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- Kothari Ram, Constable, Delhi Police 120B IPC, 302 IPC read with 120B IPC, 307 IPC read with 120B IPC, 193 IPC read with 120B IPC Under Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 302 IPC read with Section 120B IPC—imprisonment for life and a fine of Rs.100/- Under Section 307 IPC read with Section 120B IPC—imprisonment for life and a fine of Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 11 of 101 Rs.100/- Under Section 193 IPC read with Section 120B IPC—rigorous imprisonment for 7 years and a fine of Rs.100/- 2. All the substantive sentences of imprisonment were directed to run concurrently. 3. The trial culminating into aforesaid convictions and sentence pertains to an infamous case known as C.P. Shootout case wherein two innocent lives were lost and the third one had a providential escape with grievous gunshot injuries due to indiscriminate firing by a contingent of policemen. On the fateful day of 31st March, 1997, Jagjit Singh (deceased) and Tarunpreet Singh (injured), hailing from Kurukshetra (Haryana), came to Delhi to meet one Pradeep Goyal (deceased) at his office situate at Patparganj near Mother Dairy booth, at about 12.00-1.00 p.m. Pradeep Goyal (deceased) was, however, not there in his office and the same was found closed. Jagjit Singh (deceased) contacted Pradeep Goyal (deceased) on his phone. Pradeep Goyal informed him that he would be reaching his office shortly. Jagjit Singh (deceased) and Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 12 of 101 Tarunpreet Singh (injured) decided to take their lunch and then purchased some ice-cream from Mother Dairy and whiled away in a park waiting for Pradeep Goyal (deceased) to arrive. Their wait came to an end when they noticed Pradeep Goyal (deceased) reaching his office around 1.30 p.m. Pradeep Goyal had some work at Dena Bank, Connaught Place, New Delhi. He set out in his blue coloured Maruti Esteem car bearing No. UP-14F-1580 for Dena Bank, Connaught Place, New Delhi. Jagjit Singh (deceased) and Tarunpreet Singh (injured) accompanied Pradeep Goyal (deceased) in his car. 4. One Mohd. Yaseen, a hardcore criminal, was wanted by Delhi Police on account of his involvement in some criminal cases. Inter-State Cell of Crime Branch, Delhi Police was keeping a track on him and gathering information on his movement by intercepting calls being made by him from his mobile phone. Inspector Ram Mehar of Inter-State Cell, Crime Branch, Delhi Police was doing this job and passing on information gathered by him to the appellant, ACP Satyavir Singh Rathi. On the basis of an information to the effect that said Mohd. Yaseen would be visiting a place near Mother Dairy, Patparganj, Delhi on 31st Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 13 of 101 March, 1997 around 1.30 p.m., appellant, Inspector Anil Kumar was detailed by appellant, ACP Satyavir Singh Rathi to keep a watch at the aforesaid place where Mohd. Yaseen was expected to visit. 5. Inspector Anil Kumar acted accordingly. He on noticing Jagjit Singh (deceased) being present near Mother Dairy, Patparganj, Delhi mistook him as Mohd. Yaseen and started trailing the blue coloured Maruti Esteem car being driven by Pradeep Goyal (deceased) wherein Jagjit Singh (deceased) and Tarunpreet Singh (injured) were seated and were heading for Connaught Place. Anil Kumar while following the said Esteem car in a private Maruti car sought reinforcement as at the relevant time he was being accompanied by only two police officials, namely, Head Constable Shiv Kumar and Constable Sumer Singh- appellants. ACP Satyavir Singh Rathi was at that time present in his office of the Inter-State Cell, Crime Branch, Chanakyapuri. On receiving the call from Inspector Anil Kumar, ACP Satyavir Singh Rathi briefed the police staff present in the office and told them that two young persons had been spotted near Mother Dairy, Patparganj, Delhi and one of them, a bearded person, resembled to Mohd. Yaseen, Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 14 of 101 a wanted criminal. ACP Satyavir Singh Rathi, after giving necessary instructions to his police staff and requiring them to accompany him, proceeded to Connaught Place, New Delhi. The police staff accompanying him included SI Ashok Rana, Head Constable Shiv Kumar, Head Constable Tejpal Singh, Head Constable Mahavir Singh, Constable Sumer Singh, Constable Subhash Chand, Constable Sunil Kumar and Constable Kothari Ram-appellants in addition to SI A. Abbas, ASI Shamsuddin, Head Constable Srikrishna, Constable Om Niwas and Constable Bahadur Singh. ACP Satyavir Singh Rathi, accompanied by the aforesaid 12 police personnel, left Inter-State Cell, Chanakyapuri at 1.32 p.m. to assist the police team led by Inspector Anil Kumar. Barring Head Constable Srikrishna and Constable Om Niwas, all the said police officials, including ACP Satyavir Singh Rathi, were armed with service weapons. Inspector Anil Kumar, Head Constable Shiv Kumar and Constble Sumer Singh were also carrying their service weapons. The details of service weapons possessed by respective police officials are thus:- (i) ACP Satyavir Singh Rathi 9MM Pistol No. 0592 (ii) Insp. Anil Kumar .38 Revolver No. 1147 Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 15 of 101 (iii) SI Ashok Rana .38 Revolver No. 1139 (iv) SI A. Abbas .38 Revolver No. 1114 (v) ASI Shamsuddin .38 Revolver No. 1112 (vi) HC Shiv Kumar .38 Revolver No. 1148 (vii) HC Mahavir Singh .38 Revolver No. 0518 (viii) HC Tej Pal .38 Revolver No. 1137 (ix) Ct. Sunil Kumar SAF carbine (x) Ct. Subhash Chand .38 Revolver No. 1891 (xi) Ct. Kothari Ram AK-47 No. 5418 (xii) Ct. Bahadur Singh AK-47 No. 2299 (xiii) Ct. Sumer Singh .38 Revolver No. 1906 6. The Maruti Esteem car, on reaching Connaught Place, New Delhi stopped near Dena Bank, Connaught Place at about 2.00 p.m. Inspector Anil Kumar who had been following the Maruti Esteem car, also reached there and parked his car behind the Maruti Esteem car. Pradeep Goyal (deceased) got down from his car, leaving behind Jagjit Singh (deceased) and Tarunpreet Singh (injured) in the car itself. Jagjit Singh (deceased) on being so required by Pradeep Goyal (deceased) occupied the driver‘s seat so as to avoid his car being towed away by the police from that Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 16 of 101 place. Pradeep Goyal (deceased) proceeded towards Dena Bank where two of his employees, namely, Vikram and Rajiv were already waiting for him outside the bank. All the three thereafter went inside the bank. Pradeep Goyal (deceased) sent for his briefcase and his employee, Vikram, came to Maruti Esteem car to collect the same. Tarunpreet Singh accompanied Vikram to the bank with the briefcase of Pradeep Goyal. Jagjit Singh (deceased) kept on sitting alone on driver‘s seat. Pradeep Goyal came out of the bank around 2.30 p.m. and after giving some instructions to his said employees, sat in his Maruti Esteem car on the front seat while Jagjit Singh (deceased) continued to occupy the driver‘s seat. Tarunpreet Singh got seated on the back seat. The police party led by ACP Satyavir Singh Rathi had in the meantime reached Connaught Place to reinforce the police party led by Inspector Anil Kumar. Both the parties thus joined each other there under the command of ACP Satyavir Singh Rathi. The Maruti Esteem car had, in the meanwhile, started moving towards Barakhamba Road Crossing and when it reached Barakhamba Road Crossing, the same had to be stopped in view of traffic lights turning red. Immediately, the Maruti Esteem car was surrounded by the Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 17 of 101 police personnel, in plain clothes and they resorted to indiscriminate firing from all sides on the Esteem car from their service weapons causing thereby death of Pradeep Goyal and Jagjit Singh due to gunshot injuries and grievous injuries to Tarunpreet Singh. All the three occupants of Maruti Esteem car were removed to RML Hospital in a PCR Gypsy. Pradeep Goyal and Jagjit Singh were declared by the doctor concerned as brought dead. 7. On receiving information in regard to the shootout incident, Inspector Niranjan Singh, the then SHO of Police Station Connaught Place, rushed to the spot. Other senior police officials also reached the place of incident in the meantime. On inspection of the Maruti Esteem car, Inspector Niranjan Singh allegedly recovered a 7.65 mm pistol loaded with 7 live cartridges in addition to a misfired cartridge in the barrel from inside the car and took the same into his possession. Besides, two empties lying inside the car were also seized. 8. Inspector Anil Kumar handed over a written complaint in regard to the incident to Inspector Niranjan Singh, who in turn sent the same to Police Station Connaught Place with his endorsement thereon, for Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 18 of 101 registration of a case on that basis and accordingly an FIR No. 448/97 under Section 186/353/307 IPC and Section 25 Arms Act was registered against the inmates of the Esteem car. While stating the background facts in his complaint, according to Inspector Anil Kumar, on Maruti Esteem car stopping at red light signal of Barakhamba Road Crossing, the same was surrounded from all sides by the police personnel and he thumped at driver‘s side front door of the car, asking the occupants to come out. However, the inmates of the car omitted to respond to Anil Kumar‘s direction and instead Jagjit Singh (deceased) started firing from inside the car resulting into gunshot injury to Constable Sunil Kumar, appellant. In their self-defence, it is added, the police personnel reacted by opening fire on the Esteem car as also with a view to immobilize and prevent the occupants of the Esteem car from escaping. In the course of cross firing, Constable Subhash Chand, appellant also suffered gunshot injuries on his person. 9. On the next day, on a complaint by one Shri Dinesh Chand Gupta, father-in-law of Pradeep Goyal (deceased), forwarded by the office of the Lieutenant Governor, Delhi, another FIR No. 453/97 under Section 302/34 IPC was Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 19 of 101 registered at Police Station Connaught Place, New Delhi on 1st April, 1997 against the police officials. In the complaint so filed, it was alleged that the appellants had immediately, on surrounding the Esteem car, resorted to indiscriminate firing on it from all sides as a result of which, Pradeep Goyal and Jagjit Singh received fatal gunshot injuries and succumbed to such injuries while Tarunpreet Singh sustained grievous gunshot injuries. 10. Initially, the investigation in regard to the incident was carried out by Inspector Niranjan Singh of Police Station Connaught Place, New Delhi, but the same was later taken over by the CBI pursuant to a Government of India, Ministry of Home Affairs‘ letter No. 14036/46/97-UTP dated 1st April, 1997. On transfer of investigation of the case, RC No.10(S)/97-SIU.V and RC No.11(S)/97-SIU.V, corresponding to the said two FIRs, were registered by CBI/SPE. As both the FIRs related to the same incident, the same were investigated jointly. The CBI on investigation came to a conclusion that the police party under the leadership of ACP Satyavir Singh Rathi and Inspector Anil Kumar had fired upon the Esteem car without any provocation whatsoever, and that the FIR No. 448/97 dated 31st March, 1997 (RC Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 20 of 101 No.11(S)/97-SIU.V) was got registered at Police Station Connaught Place, New Delhi only with a view to cover up the incident and to justify the killings. Based on the evidence collected by it in the course of investigation, the CBI found that the police party was actually not fired upon from inside the Maruti Esteem car by the person sitting on the driver‘s seat as mentioned in FIR No. 448/97 dated 31st March, 1997 lodged by Inspector Anil Kumar. Further, the claim of two Constables forming part of the police party sustaining gunshot injuries as a result of firing from inside the Esteem car was also found to be false. The investigation revealed that 7.65 mm pistol and 7 live cartridges, apart from one misfired cartridge lodged in the barrel and two empties, shown as recovered from inside the car were actually planted subsequently and false records prepared by the police party with a view to screening themselves from legal punishment. 11. On completion of investigation in RC No.10(S)/97- SIU.V and RC No.11(S)/97-SIU.V, a chargesheet was filed before the Court of Chief Metropolitan Magistrate on 13th June, 1997. The learned Chief Metropolitan Magistrate eventually took cognizance of the offences punishable under Section 302/307/201/34 IPC against the appellants vide his Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 21 of 101 order dated 10th July, 1997. On case being committed to the Court of Sessions, the learned Additional Sessions Judge framed formal charges under various heads against the appellants. For facility of a ready reference, the charges so framed, are reproduced as hereunder:- ―Charge State Vs. Satyavir Singh Rathi etc. I B.B. Chaudhary, Addl. Sessions Judge, New Delhi hereby charge you (1) Satyavir Singh Rathi s/o late Shri Kaley Singh; (2) Anil Kumar s/o Shri Mahender Singh; (3) Ashok Rana s/o Shri Ram Pal Singh Rana; (4) Shiv Kumar s/o Mehar Singh; (5) Tej Pal Singh, s/o Jile Singh (6) Mahavir Singh s/o Chiman Singh; (7) Sumer Singh s/o Rati Ram; (8) Subhash Chand s/o Shri Chandan Singh; (9) Sunil Kumar s/o Ved Prakash; (10) Kothari Ram, s/o Shri Bhagwan as follows:- That you all on or before 31.3.97 at Delhi agreed to do an illegal act i.e. to kill suspected criminal Mohd. Yaseen r/o Aligarh and his associates and wanted in various criminal cases, including in case FIR No. 759/96 u/s 365/397/302/120B IPC Police Station Haus Khas and that the act of killing was to be done in pursuance of the agreement of all of you and thereby committed an offence punishable u/s 120B IPC and within my cognizance. And I hereby direct that you all be tried by this court on the aforesaid charge. Sd/- Dated: 18/9/1998 ASJ/N.Delhi Charge State Vs. Satyavir Singh Rathi etc. I B.B. Chaudhary, Addl. Sessions Judge, New Delhi hereby charge you (1) Satyavir Singh Rathi s/o late Shri Kaley Singh; (2) Anil Kumar s/o Shri Mahender Singh; (3) Ashok Rana s/o Shri Ram Pal Crl.A.Nos.671,723,789,788,808,824,825,836,686 of 2007 & 113/2008 Page 22 of 101 Singh Rana; (4) Shiv Kumar s/o Mehar Singh; (5) Tej Pal Singh, s/o Jile Singh (6) Mahavir Singh s/o Chiman Singh; (7) Sumer Singh s/o Rati Ram; (8) Subhash Chand s/o Shri Chandan Singh; (9) Sunil Kumar s/o Ved Prakash; (10) Kothari Ram, s/o Shri Bhagwan as follows:- That on 31.3.97 at about 2.30 PM at Traffic Signal Barakhamba Road Crossing near Statesmen Building within the jurisdiction of Police Station Connaught Place you all in pursuance of criminal conspiracy to kill suspected criminal Mohd. Yaseen and his associates committed murder by intentionally or knowingly causing the death of Jagjit Singh and