http://www.sify.com/news/murder-rioting-charges-against-98-mirchpur-violence-accused-news-national-ldlvulgidda.html
 
 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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