KRISHNA MOCHI AND ORS. versus STATE OF BIHAR ETC.

Citation: [2002] 3 S.C.R. 1 · Decided: 15-04-2002 · Supreme Court of India · Bench: M.B. SHAH · Disposal: Dismissed

Cited by 7 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

KRISHNA MOCH! AND ORS. 
v. 
STATE OF BIHAR ETC. 
APRIL IS, 2002 
A 
[M.B. SHAH, B.N. AGRA WAL AND ARIJIT PASA YAT, JJ.) 
B 
Criminal Law: 
Terrorists and Disruptive Activities (Prevention) Act, 1987/Penal Code, 
1860-Section 3/Section 302 read with Section 149-Death sentence- C 
Justification of-Accused belonging to militant group a/lacked members of a 
particular community pursuant to conspiracy hatched-Gruesome carnage 
wherein 35 persons of a community massacred and many other injured besides 
destruction of houses by fire-119 person charge-sheeted out of which 13 
were put on trial-Trial Court acquilling four of the accused and convicting D 
others under TADA and !PC-Four of the accused convicted under Section 
302 read with Section 149 !PC and sentenced to rigorous imprisonment of life 
and under Section 3 TADA with death sentence-Appeal and death reference-
Whether 'rarest of rare case' warranting death sentence-Held, yes since 
crime not only ghastly but also enormous in proportion as 35 persons of one 
community were massacred in an extremely diabolic, revolting and dastardly E 
manner which affected the normal tempo of life of the community in the 
locality-Further culpability of the accused persons assumes the proportion of 
extreme deprivity that a special reason exists under Section 354 (3) Cr. P.C. 
for sentencing them to death penalty-Code of Criminal Procedure, 1973. 
+ 
Section 354 (3). 
F 
Criminal Trial : 
Appreciation of evidence-Complicity of accused-Case involving large 
number of offenders and large number of victims-Only few witnesses-Whether 
proved by credible evidence-Held, yes since in the maller of appreciation of 
evidence of witness it is not the number of witnesses but quality of evidence G 
that matters-Evidence Act, 1872-Section 134. 
Evidence Act, 1872 : 
Evidence-Appreciation of-Duty of Court in appreciating evidence-
Discussed. 
H 
A 
2 
SUPREME COURT REPORTS 
(2002] 3 S.C.R. 
Witnesses-Evidence-Non-credibility of-Discussed 
~
Accused persons belonging to militant group allegedly hatched 
conspiracy to massacre members of a particular community which led to 
gruesome carnage wherein 35 persons of a community lost their lives, many 
were injured besides destruction of houses by fire. On the basis of the 
B statement of the informants police instituted a case and in all 119 persons 
were charge-sheeted of whom 13 accused persons including appellants were 
tried under Terrorists and Disruptive Activities (Prevention) Act, 1987. On 
the basis of evidence of the prosecution witnesses and the post mortem 
examination Designated Court acquitted four of the accused persons and 
convicted the others under TADA and IPC. Appellant-accused have been 
C convicted under Section 302/149 IPC and sentenced to rigorous imprisonment 
for life and Section 3 (1) of the TADA with death sentence. Hence the present 
appeal and death reference. 
On behalf of the appellants it was contended that the prosecution has 
D failed to prove the participation of the appellants in the crime by credible 
evidenc; that it was a fit case in which benefit of doubt should have been given 
to the appellants; that since the informant was not examined, the first 
information report could not be used as substantive evidence; that the names 
of the appellants did not find place in the confessional statement said to have 
been made by co-accused; that the investigating officer has not been examined; 
E that no incriminating articles were recovered from the appellants; that 
identification of the appellants was not possible in the dead of night; that the 
appellants were not_ the assailants and that it was not a fit case for awarding 
the extreme penalty of death. 
Respondents contended that the prosecution has succeeded in proving 
F its case and complicity of the appellants with the crime by unimpeachable 
evidence and there was no infirmity in the conviction order and that the 
sentence of death awarded against the appellants was in accordance with law 
as the instant case falls in the category of 'rarest of the rare. ' 
Dismissing the appeal and confirming the death reference, the Court. 
G 
HELD: (Per Agrawal, J. ) 
1. In recent times there has been sharp decline of ethical values in public 
life even in developed countries much less developing once, life ows, where 
-<· 
the ratio of decline is higher. 
H 
2. Even in ordinary cases, witnesses are not inclined to depose or their 
t 
KRISHNA MOCH! v. STATE OF BIHAR 
3 
evid

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