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CBI today sought death sentence for three of the five convicts in an anti-Sikh riots case as it told a Delhi court that they were engaged in "planned communal riot" and "religious cleansing".
Arguing over quantum of sentence to be awarded to the five convicts, CBI demanded death for three of them - Balwan Khokkar, Girdhari Lal and Captain Bhagmal - held guilty for murder by District and Sessions Judge J R Aryan.
The court, on April 30, while acquitting Congress leader Sajjan Kumar had held Balwan Khokkar, an ex-councillor, Mahender Yadav, an ex-MLA, Kishan Khokkar, Girdhari Lal and Captain Bhagmal guilty of being involved in the killing of five Sikhs during the riots that had broken out after the assassination of Indira Gandhi on October 31, 1984.
Of the five, Balwan Khokkar, Girdhari Lal and Captain Bhagmal were held guilty for the offence of murder under section 302 (murder) of the IPC which entails death penalty as maximum punishment while Mahender Yadav and Kishan Khokkar were convicted for the offence of rioting only.
During arguments on sentence, CBI prosecutor R S Cheema told the court, "It was a planned communal riot in which the victims were isolated. It was religious cleansing which changed the demography of the ares as none of the victims returned to the area after the riots.
"The victims were totally innocent and they had not instigated anyone. A particular community was targeted, particularly men, their houses were destroyed and burnt and even the identity of the victims destroyed by burning them," he said.
The case, in which these five persons were held guilty, deals with the death of five Sikhs - Kehar Singh, Gurpreet Singh, Raghuvender Singh, Narender Pal Singh and Kuldeep Singh - by the mob in Raj Nagar area in Delhi Cantonment. They were members of the same family.
Cheema also submitted that the victims could be identified only by clothes and the head of one of the victims, Kehar Singh, was crushed.
"Only widows and orphaned children were left behind who had no source of income and had to starve. The convicts were so powerful that police also acted in the way they wanted them to," he said.
Rebutting CBI's arguments, defence counsel Anil Sharma submitted before the court that no direct role could be attributed to the convicts in the killings and, therefore, death penalty is not attracted.
Sharma said Capt Bhagmal, 85, was a government servant then and "he cannot be labelled a goonda."
"They all have big families to support. This case should not be treated differently from other riot cases in Delhi," he said.
Arguing for convicts Mahender Yadav and Kishan Khokkar, who have been held guilty only of rioting, the defence counsel said they should be released on probation as they have suffered a lot during the trial.
The submission was opposed by Cheema who said, "No case of probation is made out and if not this, then which other case would be considered fit for death penalty."
