Navaniti Prasad Singh, J. –

On 11.07.1996, in the afternoon at about 2 pm, a carnage took place at Bathani Tola in village Barki Kharaon under Sahar Police Station (PS) in the district of Bhojpur in which allegedly about 33 named persons alongwith about 35 unknown persons massacred and killed 18 persons on the spot who were all ladies and children. Two more died subsequently, one being a boy of 25 years and another child of 6 years in course of treatment. Even though police and other high officials reached the village not long thereafter, the fardbayan, which formed the basis of the first Information report (FIR), was recorded only at 4.30 am, the next day that is 12.07.1996. At what time, the FIR was registered is not known. It is alleged to have been dispatched to the Court on 13.07.1996 reaching the Chief Judicial Magistrate (CJM). Bhojpur at Ara on 14.07.1996, In the afternoon on 12th July, 1996 itself allegedly some of the accused persons were arrested from their houses from Barki Kharaon with licensed arms and ammunitions. Police Inspector of Agiaon, on the same day, arrested some other persons and brought them to Barid Kharaon but they were produced in Court f