JUDGMENT

R. M. SAHAI, J.:— Tragic trauma of ghastly, inhuman and beastly behaviour of one community against another depicted for weeks and weeks, in this criminal appeal, forcefully, at times, emotionally still hangs heavily. What a tragedy ? Eight human lives roasted alive. Five in waiting for gallows. Neighbours residing peacefully for generations sharing common happiness and sorrow even playing cricket together suddenly went mad. Blood thirsty for each other. Burning, looting and killing became order of the day. Even ladies attempted to prevent fire brigade from extinguishing fire. How pathetic and sad.

2. Still sadder was the manner in which the machinery of law moved. From accusation in the charge-sheet that accused were part of unlawful assembly of 1500 to 2000 the number came down to 150 to 200 in evidence and the charge was framed against sixty three under Terrorist and Disruptive Activities (Prevention) Act, 1985 (in brief TADA Act) and various offences including Sec. 302 under Indian Penal Code. Even from that fifty six were acquitted either because there was no evidence, and if there was evidence against some it was not sufficient to warrant their conviction. What an affr