A 2 Bihari Manjhi, A 4 Ramautar Dusadh Kakhan Dusadh, A 7 Wakil Yadav have filed Criminal Appeal No.752 of 2001 A 6 Rajendra Paswan has filed Criminal Appeal No.765 of 2001 A 5 Veer Kuer Paswan, A 8 Krishna Mochi, A 9 Dharmendra Singh Dharu Singh, A 13 Nanhe Lal Mochi have preferred Criminal Appeal No.761 of 2001 and also there is a Death Reference Case No.1 of 2001 against A 5 Veer Kuer Paswan, A 8 Krishna Mochi, A 9 Dharmendra Singh Dharu Singh, A 13 Nanhe Lal Mochi.
The Designated Court companyvicted the aforesaid four accused only on the basis of the companyfessional statement Ex.2 dated 27.2.1992 of A 2 Bihari Manjhi.
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 of Indian Penal Code hereinafter referred to as IPC .
P.C. accused Bihari Manjhi A 2 has denied to have made any such statement before Superintendent of Police, by holding that on each page of companyfessional statement there is signature of A 2 Bihari Manjhi and, therefore, there is numberreason to disbelieve the evidence of Superintendent of Police.
Thereafter, the Court observed that A 6 was named as participant by PW6 and PW7 and this gets companyroboration from their statement under Section 161 Cr.
The said statement admittedly was recorded by PI Suresh Chandra Sharma in presence of Sri Sunil Kumar, S.P. Gaya, and Birendra Kumar Singh O C Bodh Gaya Police Station.
P.C. recorded by the Police.
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 Veer 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.
He has number filed any appeal.
By this judgment and order, we are disposing of Criminal Appeal No.752 of 2001 and Criminal Appeal No.765 of 2001 separately because in our view, judgment and order passed by the Designated Court against the appellants herein cannot be sustained for the reasons stated below.
The Court also negatived the submission made by the learned companynsel for the accused that in the statement recorded under Section 313 Cr.
Shah, J. 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.
