GANAURI SINGH SON OF LATE KULDIP SINGH Vs. STATE OF BIHAR AND RAM AUTAR SAO SON OF LATE KESHWAR SAO WITH

JUDGEMENT

(1.) In both the cases order under challenge is rejection of discharge petition by an order dated 29.11.2000 passed in Sessions Trial No. 2of 1994/26 of 1996 by the learned Addl. Sessions Judge-I, Aurangabad and, as such, both the petitions were heard together and are being disposed by a common Judgment.

(2.) It was a case of massacre, in which six innocent persons belonging to weaker section of society were brutally killed in the night by the member of powerful community and means, while they were sleeping in two huts (Palani- shed prepared by straw and bamboos) and at least four persons received injuries. Still the accused persons have succeeded in delaying the commencement of trial for more than 23 years from the date of occurrence. In this case, occurrence had taken place in the night of 20.9.1986.

(3.) At this juncture this Court is tempted to reproduce certain lines of Hon'ble Supreme Court which was noticed in a case G.N. Hegde v. S. Bangarappa and Ors., 1995 CrLJ 2935 which is as follows: