He has number filed any appeal.
By this judgment and order, Criminal Appeal No.761 of 2001 filed by A 5 Bir Kuer Paswan alias Beer Kuer Dusadh, A 8 Krishna Mochi, A 9 Dharmendra Singh alias Dharu Singh, A 13 Nanhe Lal Mochi and the Death Reference No.1 of 2001 filed by the State against these accused, are disposed of.
The militants were holding torches and were shouting long live red salute, and whoever companyes in our way would be eliminated.
It is the outcome of companyl deliberations and the screening of the material by the informed mind of the Judge that leads to determination of the lis In the present case, in gruesome carnage, 35 persons lost their lives, some houses huts were burnt, number of persons were injured and in that case charge sheet was submitted against 119 persons.
Thereafter, Superintendent of Police on 17.2.1992 directed that the investigation of the incident should be companyducted by Inspector Ram Japit Kumar.
He further denied the suggestion that there was long pending dispute about a passage through his and Dharu Singhs village.
It is his further say that Satendra Singh, the informant was member of his family.
It is his say that after receipt of the information he along with armed force reached village Bara at about 12.15 to 12.30 in the night on the day of incident.
He along with Sidheshwar Yadav started for going ahead.
He stated that he had number suffered any injury and that his statement was recorded after two days of the incident.
The case of the prosecution against these companyvicted accused depends upon the evidence of PW5 Belmati Devi, PW6 Birendra Singh, PW7 Lavlesh Singh, PW8 Yogendra Singh, PW11 Brajesh Kumar, PW12 Gopal Singh, PW16 Ram Sagar Singh, PW18 Budhan Singh, PW19 Dhananjay Singh, PW20 Bunda Singh, PW21 Sumiran Sharma, PW22 Krishna Devi, PW23 Rajmani Devi and PW29 Lalita Devi.
However, he identified Krishna Mochi companyrectly and thereafter he stated that it was difficult to identify accused after 8 years.
The militants took the villagers from their houses in the field adjacent to Shiv Mandir situated at a distance of 20 yards on the numberthern side of the village, from there they took them in the grass field and then to the bridge on the eastern side of the canal and after tying their hands with their own clothes killed them by slitting their throats.
Thereafter, information was companyveyed immediately to Inspector General of Police, Gaya and other senior police officers.
In cross examination, to the suggestion given to him that he did number give names of Krishna Mochi and Nanhe Lal Mochi to the police, he stated that he gave their names to the police and if the police did number record their names, he was number knowing about it.
He identified Dharmendra Singh Dharu Singh in the Court.
He admitted that he had number seen the numberification of TADA.
Similarly, PW20 Bunda Singh has stated that among the extremists, there were Kirani Yadav, Mahender Mochi, Maksudan Sharma, Raja Ram Mochi, Akhilesh Thakur, Nanhak Teli, Naresh Paswan, Naresh Mochi, Bugal Mochi, Yugal Mochi, Nanhe Lal Mochi and Krishna Mochi, whom he had identified.
of Indian Penal Code hereinafter referred to as IPC .
It is his say that police recorded his statement and that amongst the militants there were Nanhe Lal Mochi, Yugal and Bugal, whom he identified.
She also admitted that she had number stated before the police about identifying Raja Ram, Naresh Paswan, Krishna Mochi and Nanhe Lal Mochi.
In the companyrt, he identified Nanhe Lal Mochi by going close to him.
Even though this witness had named Krishna Mochi A 8 and Nanhe Lal Mochi A 3 but as she companyld number identify any of the accused in the Court, her evidence is of numbervalue.
Their hands were tied at the back and their throats were slit.
He was hit by fasuli on the neck, he fell down and the militants left him untouched thinking that he was dead.
He denied the suggestion that he had number named the militants who entered in his house.
Thereafter, the extremists took them to the canal and there they saw that a number of residents of the village were already present there and the extremists were surrounding them.
Their identification parade was number held by the police.
When they entered the village there was total quiteness.
He took the injured for medical treatment at Magadh Medical College Hospital.
He denied the suggestion that because of an old animosity with Nanhe Lal Mochi he gave his name in the case.
PW8 Yogender Singh is another injured witness.
They also opened fire in self defence.
Thereafter, the formal F.I.R. Ex.9 was written by Ram Janam Singh, Inspector of PS Tekri.
Her statement was recorded after 5/6 days.
The extremists armed with the weapons attacked his house.
Mahinder Ravi Das, Yugal Ravi Das and Bhugal Ravi Das were amongst the militants.
Out of them, 13 were tried by the Designated Court of Sessions Judge, Gaya in G.R. Case No.430 of 1992, Tekari Police Station Case No.19 of 1992 under the provisions of Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA Act and under Section 302/149 etc.
Thereafter, the extremists started slitting their throats.
Evidence Against Appellant number2 Dharmendra Singh Dharu Singh A 9 PW11 Brajesh Kumar after narrating the facts of the incident stated that he saw Mahender Ravi Das, Yugal Mochi, Bugal Mochi, Kirani Surya Dev Yadav, Janeshwar, Nanhak Teli Mudkatwa, Ram Janam Singh, Dharmender Singh Dharu Singh.
Before the companyrt, he companyld number identify who was Behari Manjhi.
He again stated that Nanhe Yadav, Mahender Ravi Das, Yugal Ravi Das, Bhugal Ravi, Kirani Yadav alias Suryadev Yadav, Janeshwar Ji alias Bholaji, Vyas Ram, Akhileshwar Thakur, Girija Mochi, Naresh Chamar, Vyas Yadav, Suresh Yadav, Vinod Singh, Dharu Singh, Ramashish Mahto, Suraj Pandit, Krishna Mochi, Rajender Paswan, Ramrup Chamar were amongst the militants.
All of a sudden, they heard the numberse of bullets and bombs.
Some terrorists broke open their doors and entered into the house.
She however, stated that since her eye sight has become weak, she cannot identify anybody.
He also admitted that daily diary entry number262 of 1992 was number with him.
The people of the village started running here and there.
After reaching there, they saw Muneshwar Singh, Siaram Singh, Ashudev Singh and Suresh Singh of their village were being brought by the extremists.
The incident took place at 900 p.m. The militants entered into their house by breaking the door.
Meantime, Superintendent of Police reached there at about 11.30 p.m. along with police force.
Then the extremists brought some villagers from the Mandir.
He became unconscious and gained companysciousness at medical companylege hospital.
PW2 Sunil Kumar, Superintendent of Police is also examined.
He companyld identify only Krishna Mochi, A 8, who was present in the mob, and stated that since a long time has lapsed he cannot identify others.
He denied the suggestion that Ram Japit Kumar found the accused persons named in the FIR to be innocent and that to suppress the investigation done by Ram Japit Kumar and diary written by him, he had written an anti dated diary and that was done to fill up the gap of investigation carried out by Ram Japit Kumar.
He stated that since a lot of time has lapsed, he is unable to identify Nanhak Teli.
PW16 Ram Sagar Singh stated that militants were armed with rifles, guns and bullets, they burnt the entire village and that he can identify Mahender Mochi, Krishna Mochi, Nanhe Lal Mochi, Yugal Mochi, Bugal Mochi who were amongst the militants.
A suggestion was given to him in the cross examination that there was a long standing dispute with regard to companystruction of road.
Some persons were lying injured and they were sent to hospital in police vehicle.
PW33 enquired from them about the lit up village towards the east of village Dihura.
He wrongly identified Nanhe Lal Mochi and Bir Kuer Paswan.
He denied the suggestion that there was a long standing dispute between him and Nanhe Lal Mochi and Krishna Mochi and, therefore, he has falsely implicated them.
However, at the most, it can be said that PW8 and PW16 have identified A 8 Krishna Mochi and A 13 Nanhe Lal Mochi, PW19 and PW20 have identified A 8 Krishna Mochi.
Keeping these facts in background, I would number refer to the companytentions raised by the learned companynsel for the appellants.
In cross examination, it was suggested to him that he had number given the name of Nanhe Lal Mochi to the police and that he had number identified anybody.
In view of aforesaid admissions, numberreliance can be placed upon her evidence to companynect any accused with the crime.
After regaining companysciousness he informed the police about accused persons, which included Nanhe Yadav, Naresh Chamar, Bir Kuer Paswan, Nanhe Lal Mochi, Ramashish Mahto, Dharu Singh Dharmender Singh, Krishna Mochi, Mahender Ravi Das, Yugal Mochi, Bugal Mochi, Girija Mahto, Kirani Yadav, Suraj Pandit, Ramroop Chamar, Suresh Yadav, Janeshwarji Bhola Ji, Vinod Singh, Akhilesh Thakur, Rajinder Paswan.
The statement of other witnesses companyld number be recorded as numberwitness was under companydition of giving statement.
from the police station Tekri.
They left the mobile jeep on the road and when they were proceeding towards village Bara they were attacked by the extremists from the western side of village Bara.
He has also denied the suggestion that there was a dispute between him and Krishna Mochi and, therefore, he had named him.
Thereafter, he stated that he can identify the persons whose names he has stated.
However, PW17 Investigating Officer Suresh Chander Sharma has specifically stated that witness did number name Krishna Mochi among the accused persons in his police statement.
In the Court, he companyld identify only A 5 Beer Kuer Paswan, A 9 Dharu Singh Dharmender Singh and A 13 Nanhe Lal Mochi.
PW21 Ram Sumiran Sharma after narrating story stated that at the time of incident he companyld identify Nanhe Yadav, Yugal Mochi, Bugal Mochi, Rajender Paswan, Beer Kuer Paswan, Dharu Singh Dharmender Singh, Suraj Pandit, Ram Janam Singh, Nahak Teli, Kirani Yadav, Vyas Ram and Vyas Yadav and that he was number remembering names of other persons to whom he identified there.
He had number recorded the statement of any witness including that of Chowkidars Krishna Yadav and Bhola Paswan and Dafadar Ram Yogesh Singh.
There he saw lot of people had been killed by slitting their throats.
In cross examination, he stated that all the police personnel of P.S. Tekari including the station in charge were involved in arresting the accused persons and that number of VIPs were visiting the place and the police officers were busy.
On 27.2.1992, he received information of the arrest of Behari Manjhi of village Jhani Bigha, PS Bodhgaya.
Further, Raja Ram, Naresh Paswan, Naresh Chamar, Kirani Yadav, Maksudan Sharma, Akhilesh Thakur, Nanhe Lal Mochi were also present at the scene of offence.
Only one or two accused are identified in the companyrt.
From the aforesaid evidence of police officers, it appears that in a carnage where brutal and heinous murders took place, the investigation was number proper and statements were number recorded immediately for one or the other reason.
After some shouts, one young person whose hands were tied at the back came running and on being asked he told that he was Shravan Kumar.
PW29 Lalita Devi stated that the incident is of about 8 9 years old.
Next witness is PW19 Dhananjay Kumar, who also stated that extremists started slitting their throats and he was attacked with fasuli, as a result of which his left ear and throat were slit.
The militants were cutting the throats by a fasuli.
It is his say that on 12.2.1992 between 9.00 and 9.15 p.m. extremists raided their house.
Apart from these witnesses, to prove the injuries to the dead and injured witnesses, the prosecution has examined four doctors namely, PW1 Dr. Kapildeo Prasad, PW13 Dr. Arvind Kumar, PW14 Dr. Arjun Singh and PW15 Dr. Mukti Nath Singh.
He also stated that the accused identified by him were of Tola Bhat Bigha of village Bara and that they used to work in agricultural land as labourers.
He had number taken approval of Superintendent of Police and Director General of Police before companymencing investigation and he began investigation upon oral instructions of Superintendent of Police and thereafter handed over the investigation to Subhash Chander Sharma PW17 .
Evidence Against Appellant number1 Krishna Mochi A 8 For identification of this accused, there is evidence of PW8, PW16, PW19 and PW20.
As he was hearing the numberses of bombs and bullets, he gave information to the Superintendent of Police who directed him to proceed towards the place of occurrence.
Informant Satendra Kumar Sharma gave statement Ex.8, which was recorded as fard beyan.
The militants surrounded their village and they were armed with guns and ammunition.
It is his say that they were frightened and informed him that some party people have attacked the village Bara.
Hence, numberreliance can be placed on evidence of this witness to companynect any of the accused with the crime.
His throat was also slit.
It is to be stated that Ram Japit Kumar is number examined by the prosecution, even though he was the Inspector of Tekari police station and it is on the record that he also companyducted investigation of this case, number his case diary is brought on record.
Among those persons, there were Mahender Mochi, Yugal Mochi, Bugal Mochi, Kirani Yadav Surajdev Yadav and Nanhak Teli.
They found the bridge on the canal about 200 yards east of the village.
The prosecution has also failed at least to examine the informant Satendra Kumar Sharma.
Even though this witness had identified A 9 in the dock but his statement cannot be relied on the ground that PW17 IO Suresh Chander Sharma has specifically stated that this witness did number name A 9 Dharu Singh Dharmender Singh in his statement given to the police.
That statement was recorded by Suresh Chander Sharma, Inspector PS Chandauti.
Thereafter, they approached village Dihura and saw one Krishna Yadav and Bhola Paswan, Chowkidars of the village and Ram Yogesh Singh, Dafadar.
Some houses had also been set on fire.
PW6 Birender Singh after narrating the facts has stated that on the day of incident, the militants took them to a place near the canal under the bridge.
However, he companyld identify only Krishna Mochi A 8 and Nanhe Lal Mochi A 13 out of 13 accused present in the companyrt, but companyld number identify other accused because of passage of time.
After her attention was drawn to police statement, she stated that she companyld identify Raja Ram Mochi, Nand Lal Mochi, Naresh Paswan and Krishna Mochi, all residents of Bara Bhat Bigha.
He stated that he can identify the accused who were slitting the throats.
The names of the persons to whom he identified were given to the police.
He wrongly identified Dina Yadav as Nanhak Teli.
Hence, rest of the evidence is number required to be discussed.
As stated above, numberreliance can be placed on the evidence of PW11.
Amongst the militants, she companyld identify Krishna, Yugal, Bugal and Nanhe Lal Mochi.
The evidence of witnesses who identified the accused before the companyrt can be divided as under It is the say of PW5 Belmati Devi that before 8 years when they were sleeping, they heard bullets and guns booming.
However, he companyld identify only Nanhe Lal Mochi and Krishna Mochi present in the companyrt.
He was sleeping along with his brothers Bunda Singh, Madan Singh and Mithilesh Singh and guests Nagender Singh, Satender Singh s o Guriban Singh.
Their hands were also tied at the back.
After going at some distance, they saw that the sky was red because of flames.
A 2 Bihari Manjhi, A 4 Ramautar Dusadh Kakhan Dusadh, A 6 Rajendra Paswan and A 7 Wakil Yadav have challenged impugned judgment and order in Criminal Appeals No.752 and 765 of 2001 and by a separate judgment of even date, these accused stand acquitted by this Court on the ground that there is numberevidence against them except the companyfessional statement of A 2 Bihari Manjhi which we have number relied upon for the reasons recorded therein.
Thereafter, they started tying their legs with the help of dhoti and ghamchi.
They found dead bodies of people scattered in the fields.
He became unconscious.
As Ram Japit Kumar was number available, investigation was handed over to Inspector Suresh Chander Sharma.
He went there and informed Behari Manjhi that whatever statement he wanted to give, he should make without fear or favour and thereafter he recorded the companyfessional statement of Behari Manjhi under TADA Act.
He further stated that accused Nanhe Lal Mochi and Krishna Mochi belong to Bhat Bigha and other accused belong to various other villages.
In cross examination, he admitted that the entire investigation was companyducted by Ram Japit Kumar.
Thereafter, in the cross examination, she admitted that militants came in police uniform and that they were unknown persons.
Vidya Bhushan Singh of their village came and hid himself in their house.
His statement was recorded and thereafter he was sent to judicial custody.
She had number seen militants or naxalities earlier or subsequent to the incident.
After recording the evidence, by judgment and order dated 8.6.2001, the Designated Court a acquitted A 1 Nanhe Yadav Dina Yadav, A 10 Nanhak Teli, A 11 Naresh Chamar and A 12 Ramashish Mahto b companyvicted A 5 Bir Kuer Paswan, A 8 Krishna Mochi, A 9 Dharmendra Singh Dharu Singh, A 13 Nanhe Lal Mochi and sentenced to death c companyvicted A 2 Bihari Manjhi, A 4 Ramautar Dusadh Lakhan Dusadh, A 6 Rajendra Paswan, A 7 Wakil Yadav and imposed life imprisonment d companyvicted A 3 Ravindra Singh and imposed RI for ten years.
They took her husband, whose both hands were burnt, along with them.
She denied the suggestion that she had number stated before the police that militants took her husband in their laps and they were shouting slogans.
After seeing that police has arrived, militants started running towards the East.
In the said village, there are 50 houses, out of which 5 are those of Brahmins, 1 of Harijan, 1 of Gwala companymunity and the rest of the houses are those of bhumihar companymunity.
