JUDGEMENT

H.L. Gokhale J.

This Criminal Appeal No. 791/2009 filed by Vyas Kahar alias Vyas- jee, Naresh Paswan and Bugal Mochi alias Bugal Ravidas seeks to challenge the Death sentence awarded to them by the Sessions Judge-of the-Designated Court, Gaya, State of Bihar, by his judgment and order dated 11.02.2009 in C.R Case No.430 of 1992 arising out of Tekri PS Case No.19/1992. All of them have been convicted and sentenced to death under Section 3(1) of The Terrorists and Disruptive Activities (Prevention) Act, 1987 (hereafter referred to as TADA), and for life imprisonment on each count under Sections 302 read with 149, 364 r/w 149, 307 r/w 149 of Indian Penal Code (IPC in short), for rigorous imprisonment for 10 years under Section 436 r/w 149 IPC, and rigorous imprisonment for 1 year under Section 435 r/w 149 IPC. The Death Reference Case (R) No.2 of 2011 arises out of the award of death sentence made by the said learned Judge under Section 366 of the Code of Criminal Procedure, 1973 (Cr.P.C.) r/w Section 19 of TADA.

The initiation of prosecution

2. As per the First Information Report (FIR) dated 13.02.1992, there was a gruesome carnage in which 35 persons were killed, and 7 person