A bench of justices P K Bhasin and J R Midha allowed the appeal filed by Girdhari Lal against his conviction and sentence awarded by the trial court in May last year and listed it for hearing on July 7.
Besides Lal, the trial court had also awarded life term to ex-councillor Balwan Khokar and retired naval officer Captain Bhagmal for murder and rioting in the case in which senior Congress leader Sajjan Kumar was acquitted on April 30 last year.
"But while deciding his (Gridhari) case and others(Khokar and Bhagmal), the trial court took a different view and wrongly appreciated the statement of PW-1 to be credible and trustworthy against him," the plea alleged.
Two other convicts, ex-MLA Mahinder Yadav and Kishan Khokkar were awarded three-year imprisonment and the court rejected their plea for release on probation.
The case, in which the five persons were held guilty, relates to the death of five Sikhs - Kehar Singh, Gurpreet Singh, Raghuvender Singh, Narender Pal Singh and Kuldeep Singh - by a mob in Raj Nagar area in Delhi Cantonment. They were members of the same family.
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