Wednesday, March 16, 2011

[ZESTCaste] Murder, rioting charges against 98 Mirchpur violence accused

Murder, rioting charges against 98 Mirchpur violence accused
2011-03-11 21:20:00

New Delhi, March 11 (IANS) A Delhi court Friday framed charges of
murder, rioting and criminal conspiracy, among others, against 98
people accused of attacking Dalits in Haryana's Hisar district in
April 2010, which led to the death of two community members.

Special Judge (Scheduled Caste/Scheduled Tribes Act) Kamini Lau said:
'In addition to the aforesaid material placed before this court in the
charge-sheet, the MLC (medico-legal case) of the victims are also
present on record which I have duly perused. Most of which show the
presence of injuries caused to them by blunt objects.'

'The post-mortem report of the deceased Tara Chand and his daughter
Suman also show that they had expired on account of burn injuries
connected with the incident. Further, the report regarding the damage
of immovable properties and theft of movables has also been perused by
me,' she said.

Seventy-year-old Tarachand and his 18-year-old physically-challenged
daughter Suman were killed in the April 21 arson attack in Mirchpur
village, about 300 km from Chandigarh.

The judge said that prima facie there was sufficient material on
record to frame charges under Sections 120-B (criminal conspiracy),
302 (murder), 147 (rioting), 148 (rioting armed with deadly weapon),
149 (member of unlawful assembly guilty of offence), 323 (voluntarily
causing hurt), 325 (voluntarily causing grievous hurt), 395 (dacoity),
397 (robbery with attempt to cause death), 427 (mischief), 435
(mischief by fire), 449 (house-trespass), 450 (house trespass in order
to cause offence), 452 (house-trespass after preparation for hurt,
assault) of the Indian Penal Code and additional charges under Section
3(1)(x), (xv), 3(2)(iii), (iv) and (v) of the Scheduled
Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 against
all the accused.

'In this regard I may observe that the incident dated April 21, 2010
was not an independent incident but was arising out of and stretching
from the earlier dispute dated April 19, 2010,' the judge said.

'The incidents have to be taken and read together and not in
isolation. Once the constitution of the unlawful assembly, the common
object of which is prima facie evident, then each and every member of
such unlawful assembly would be jointly and collectively liable for
any act done by any other member of such an assembly,' Lau added.

The judge also said that the context of the caste cannot be lost sight
of in the present case. 'It is writ large that the accused belonging
to dominant caste (Jat community) were the aggressors and the victims
belonging to the Dalit community were the sufferers.'

The entire incident took place within the full public view of the
residents of the village and hence the provisions of the Scheduled
Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 would
apply, she added.

At this stage of framing of charges, the court is not required to
meticulously go into the material placed on record and to assess,
evaluate and weigh the prosecution evidence in a criminal case as it
is done at the final stage.

The Supreme Court had earlier directed that the case be transferred to
the special court here to ensure a free and fair trial.

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