http://news.in.msn.com/national/article.aspx?cp-documentid=5022574
11/03/2011
98 put on trial for killing 2 Dalits
New Delhi, Mar 11 (PTI) A Delhi court today put 98 upper caste men on
trial for the killing of two Dalits in a Haryana village, terming the
dominant Jat community as "aggressor" and Dalits as "sufferers" in the
incident.
Additional Sessions Judge Kamini Lau framed charges against 98 Haryana
natives saying "I may further observe that the context of the caste
cannot be lost sight of in the present case and it is writ large that
the accused belonging to dominant caste (Jaat 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
Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989 would
apply," ASJ Lau said, while framing charges under various provisions
of the Indian Penal Code and the Scheduled Caste/ Scheduled Tribes
(Prevention of Atrocities) Act.
She said there was enough prima facie evidence against the accused to
put them on trial.
"This is immaterial whether the case is based on direct or
circumstantial evidence. This court is only required to see if there
is sufficient prima facie ground for proceeding against the accused,"
she said.
The penal provisions, with which the accused have been charged, are
related to the offences of murder, rioting, making unlawful assembly,
promoting enmity between different communities, physical assault,
creating mischief and damaging public property, besides the conspiracy
to commit the crime.
While framing the charges against the 98 men, the court said the Dalit
victim and his daughter had been burnt alive by a rampaging mob at
Mirchpur village of the state''s Hissan district on April 21 last
year.
"The postmortem 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," the Special Judge under the SC/ST Act
said in her order framing charges.
"Further, the report regarding the damage of immovable properties and
theft of movables has also been placed before me and has been
perused," the court said.
The accused, however, did not plead guilty to the charges and preferred trial.
The court posted the matter for recording of evidence of victims and
other witnesses on March 18.
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