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Issues Involved:
1. Gruesome Carnage and Massacre 2. Conviction and Sentencing under IPC and TADA Act 3. Evidence and Witness Testimonies 4. Identification of Accused 5. Non-examination of Informant and Investigating Officer 6. Applicability of Death Penalty Summary: 1. Gruesome Carnage and Massacre: This case involves a horrific massacre of 35 persons from a particular community in Bihar, resulting in a caste war. The incident occurred in Gaya district, where a mob of terrorists, allegedly from the Maoist Community Center (M.C.C.), attacked a village, setting houses ablaze, and slitting throats of villagers with sharp weapons. 2. Conviction and Sentencing under IPC and TADA Act: The Sessions Judge, Gaya-cum-Designated Court u/s TADA Act convicted four appellants, namely Krishna Mochi, Dharmendra Singh @ Dharu Singh, Nanhe Lal Mochi, and Bir Kuer Paswan @ Beer Kuer Dusadh, u/s 302/149 of the IPC and sentenced them to life imprisonment. Additionally, they were convicted u/s 3(1) of TADA Act and awarded death sentences. Other accused received life imprisonment sentences, and two separate appeals were filed by some of them. 3. Evidence and Witness Testimonies: The prosecution examined 34 witnesses and provided medical evidence from four doctors who confirmed the cause of death as incised injuries from a sharp weapon and firearm injuries. The trial court found the prosecution's evidence credible and consistent. 4. Identification of Accused: The appellants were identified by various witnesses: - Krishna Mochi was identified by witnesses Yogendra Singh (PW 8), Ram Sagar Singh (PW 16), Dhananjay Singh (PW 19), and Bunde Singh (PW 20). - Dharmendra Singh @ Dharu Singh was identified by Ram Sumiran Sharma (PW 21). - Nanhe Lal Mochi was identified by Yogendra Singh (PW 8), Ram Sagar Singh (PW 16), Budhan Singh (PW 18), Ram Sumiran Sharma (PW 21), and Krishna Devi (PW 22). - Bir Kuer Paswan @ Beer Kuer Dusadh was identified by Lavlesh Singh (PW 7) and Ram Sumiran Sharma (PW 21). 5. Non-examination of Informant and Investigating Officer: The non-examination of the informant and Inspector Ram Japit Kumar did not affect the prosecution case. The court held that the evidence led by the prosecution was sufficient and credible to establish the guilt of the accused. 6. Applicability of Death Penalty: The court considered whether the case fell within the "rarest of the rare" category. It was concluded that the crime was extremely brutal, involving a massacre of 35 persons, which justified the imposition of the death penalty. The court emphasized that credible evidence from even a single witness could form the basis of a conviction. Conclusion: The appeal was dismissed, and the death penalty awarded to the appellants was confirmed. The court found no reason to interfere with the well-reasoned judgment of the Designated Court.
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