KEHAR SINGH VS DELHI ADMINISTRATION
AIR 1988 SC 1883:1988 Cr LR 536: JT 1988(3) SC 191
The Apex Court confirmed the death sentence awarded by the Trail Court and maintained by the High Court to the three Appellants:
KEHAR SINGH
BALBIR SINGH
SATWANT SINGH
for entering into conspiracy and committing murder of SMT. INDIRA GANDHI under section 302(murder), 120B(criminal conspiracy), 34(Act dome by several persons in furtherance of common intention), 107(abetment) and 109(punishment for abetment where no express provision is made) of the Indian Penal Code.The Court held that the murder of Mrs. Gandhi by the security guards is one of the rarest of the rare cases in which extreme penalty of DEATH is called for assassin and his conspirators.it is a gruesome murder committed by accused who were employed as security guards to protect the Prime Minister.
It is alleged all the four accused BEANT SINGH(Killed) , KEHAR SINGH, BALBIR SINGH, SATWANT SINGH expressed their resentment and held Mrs. Gandhi responsible for operation 'BLUE STAR' at Amritsar. To avenge they entered into a conspiracy to kill Mrs. Gandhi. in pursuance of the aforesaid conspiracy , Beant Singh and Satwant Singh, security guards who had prior knowledge that Smt. Gandhi was scheduled to go on the Adjoining AKBAR ROAD at 9:00 AM v.i.a TMC gate for an interview with Irish Television Team, got manipulated their duties in such a way that Beant singh would be present at the TMC gate and Satwant Singh at the TMC sentry booth on 31-10-1984 between 7:00 am to 10:00 am.
While Mrs. Gandhi was approaching to TMC gate towards her office, Beant Singh fired 5 rounds and Satwant Singh 25 shots at her from their respective weapons. Smt. Gandhi sustained injuries and fell down and succumbed to her death the same day at AIIMS- All India Institute of Medical Sciences, New Delhi.
The cause of death was certified as HAEMORHAGE and shock due to multiple fire arm bullets injuries which were sufficient to cause death in ordinary course of nature.
Dismissing the appeal the APEX COURT rightly said that the act of the accused has not only taken away the life of the popular leader, but also under mines the democratic system.The manner in which Mrs. Gandhi was mercilessly attacked by the security guards on whom the confidence was reposed to give her protection repels any consideration of reduction of sentence. Even the conspirators (kehar singhand balbir singh) who inspired the persons who actually acted does not deserve any leniency in the matter of sentence . it is a gruesome murder committed by the accused who was employed as a security guard to protect th Prime Minister.
THE BLUE STAR OPERATION:
The 'blue star operation' was not directed to cause damage to AKAL TAKTH. nor it was intended to hurt the religious feelings of Sikhs. The decision was taken by the responsible and responsive government in the national interest. The Prime Minister (Late) mrs. Indira Gandhi was however, made the target for the consequences of the decision. The security guards who were duty bound to protect the Prime Minister at the cost of their lives, themselves became the assassins. Incredible but true.
AIR 1988 SC 1883:1988 Cr LR 536: JT 1988(3) SC 191
The Apex Court confirmed the death sentence awarded by the Trail Court and maintained by the High Court to the three Appellants:
KEHAR SINGH
BALBIR SINGH
SATWANT SINGH
for entering into conspiracy and committing murder of SMT. INDIRA GANDHI under section 302(murder), 120B(criminal conspiracy), 34(Act dome by several persons in furtherance of common intention), 107(abetment) and 109(punishment for abetment where no express provision is made) of the Indian Penal Code.The Court held that the murder of Mrs. Gandhi by the security guards is one of the rarest of the rare cases in which extreme penalty of DEATH is called for assassin and his conspirators.it is a gruesome murder committed by accused who were employed as security guards to protect the Prime Minister.
It is alleged all the four accused BEANT SINGH(Killed) , KEHAR SINGH, BALBIR SINGH, SATWANT SINGH expressed their resentment and held Mrs. Gandhi responsible for operation 'BLUE STAR' at Amritsar. To avenge they entered into a conspiracy to kill Mrs. Gandhi. in pursuance of the aforesaid conspiracy , Beant Singh and Satwant Singh, security guards who had prior knowledge that Smt. Gandhi was scheduled to go on the Adjoining AKBAR ROAD at 9:00 AM v.i.a TMC gate for an interview with Irish Television Team, got manipulated their duties in such a way that Beant singh would be present at the TMC gate and Satwant Singh at the TMC sentry booth on 31-10-1984 between 7:00 am to 10:00 am.
While Mrs. Gandhi was approaching to TMC gate towards her office, Beant Singh fired 5 rounds and Satwant Singh 25 shots at her from their respective weapons. Smt. Gandhi sustained injuries and fell down and succumbed to her death the same day at AIIMS- All India Institute of Medical Sciences, New Delhi.
 |
| Mrs. Indira Gandhi |
The cause of death was certified as HAEMORHAGE and shock due to multiple fire arm bullets injuries which were sufficient to cause death in ordinary course of nature.
Dismissing the appeal the APEX COURT rightly said that the act of the accused has not only taken away the life of the popular leader, but also under mines the democratic system.The manner in which Mrs. Gandhi was mercilessly attacked by the security guards on whom the confidence was reposed to give her protection repels any consideration of reduction of sentence. Even the conspirators (kehar singhand balbir singh) who inspired the persons who actually acted does not deserve any leniency in the matter of sentence . it is a gruesome murder committed by the accused who was employed as a security guard to protect th Prime Minister.
THE BLUE STAR OPERATION:
The 'blue star operation' was not directed to cause damage to AKAL TAKTH. nor it was intended to hurt the religious feelings of Sikhs. The decision was taken by the responsible and responsive government in the national interest. The Prime Minister (Late) mrs. Indira Gandhi was however, made the target for the consequences of the decision. The security guards who were duty bound to protect the Prime Minister at the cost of their lives, themselves became the assassins. Incredible but true.
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