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LATEST NEWS UPDATES | Mirchpur killings: SHO among acquitted

Mirchpur killings: SHO among acquitted

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published Published on Sep 24, 2011   modified Modified on Sep 24, 2011

-The Times of India

 

Eighty-two of the 97 people accused in the Mirchpur killing of a 70-year-old dalit and his physically challenged daughter were acquitted by a Delhi court for lack of evidence. The then SHO of the area, Vinod Kajal, was also acquitted by the court.

All the arrested are from the Jat community, who allegedly killed Tara Chand and his 17-year-old handicapped daughter after they burnt down Chand's hut. The provocation was a quarrel between dalit leaders and Jat leaders over a dog barking nearby in April 2010, according to the prosecution. All the accused were booked for murder, arson, rioting and also under the SC/ST act. The court will now give quantum of punishment on September 29.

Contradictions in testimonies of the prosecution witnesses, discrepancies in the photographic and videographic evidence, and witnesses turning hostile led to the acquittals in the caste-atrocity case by additional sessions judge Kamini Lau, who, however convicted 15 people for various criminal acts in the incident that occurred at Mirchpur village in Haryana last year. None has been convicted for murder. Three were held guilty for culpable homicide not amounting to murder for torching houses of victims.

The court, in its judgment, pulled up the Haryana police for their role in the case saying "the manner in which the whole thing was handled was improper". It said that due to the discrepancies in "circumstantial, medical and forensic evidence" even the dying testimony of Tara Chand before a magistrate had to be rejected. It said while allegations of use of deadly weapons, dacoity, criminal conspiracy couldn't be proved by the prosecution, it found evidence of unlawful assembly, and culpable homicide not amounting to murder.

In December, the Supreme Court directed that the case be transferred to the special court in Delhi to ensure a free and fair trial. It also said the Delhi court will be free to re-examine witnesses already examined by the court in Hisar. It passed the order after examining the affidavits filed by two court-appointed advocates, who had submitted that the witnesses were under constant threat due to the hostile atmosphere created by the accused.

On Saturday Kulwinder, Ramphal and Rajender were convicted under Section 304 (culpable homicide not amounting to murder) of the IPC for setting ablaze the house of Tara Chand following a caste dispute between dominant Jats and dalits of the village. Out of the 15 accused, 12 were convicted on milder charges of arson, rioting and unlawful assembly.

CHRONOLOGY:

*Apr 21, 2010: A 70-year-old man and his 18-year-old physically-challenged daughter burnt alive allegedly by a mob of over 100 people of Jat community at Mirchpur village of Hisar district. Over 150 dalit families flee the village and take shelter at a Temple in Delhi after their houses were torched.

* Aug, 2010: Haryana police arrests the accused after the Supreme Court slams it for shoddy pace of probe.

* Dec 9, 10: SC transfers the case to Delhi to ensure fair trial on the plea of families of victims.

* Dec 23, 10: Additional Sessions Judge Kamini Lau starts hearing and asks Haryana government to appoint special public prosecutor to conduct the trial.

* Jan 9, 2011: Court orders transfer of the accused to Tihar from a Hisar jail. A total of 98 accused shifted. Out of 103, five are juveniles and one is out on bail.

* Feb 1, 2011: Court orders deployment of CRPF at Mirchpur village to protect prosecution witnesses.

* Mar 11, 2011: Court frames charges against 97 including Vinod K Kajal, the then SHO of Narnaund police station, for murder, rioting and other offences.

* June 23, 2011: Recording of evidence begins with the testimony of the son of deceased Tara Chand.

* Sep 24, 2011: Court convicts 15 for their varying rolesin the offence and acquits 82 persons. It fixes September 29 for hearing arguments on quantum of sentence.

The Times of India, 25 September, 2011, http://timesofindia.indiatimes.com/india/Manmohan-slams-West-for-using-force-to-change-regimes/articleshow/10108923.cms


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