Judgement

THOMAS, J.:- A varitable holocaust took place in a Bihar village (Paras Bigha, in Gaya District) on a moonlit night in early February, 1980. In that massacre lives of 13 human beings were snuffed out and 17 others were badly mauled, a large number of mute cattle were burnt alive and many dwelling houses were gutted. The venue of that macabre was the area where houses of harijans and people belonging to Backward Classes were clustered together in Paras Bigha village. After investigation the police charge-sheet 56 persons for various offences committed in connection with the aforesaid incident, but due to different reason only 44 of them were put on trial. Sessions Court convicted 37 among them of various offences ranging from S. 302, I. P. C. (read with S. 149) to minor offences such as S. 429, I. P. C. and sentenced them to rigorous imprisonment for 10 years for the principle offence and to lesser terms of imprisonment for the lesser offences. The Patna High Court confirmed the conviction and while dealing with the sentences rectified an illegality in awarding a sentence of imprisonment only for 10 years for the offences under Ss. 302/149, I. P. C. by enhancing to imprison