Tuesday, September 14, 2010

[ZESTCaste] Cop gets life term for burning Dalit man alive

http://www.indianexpress.com/news/Cop-gets-life-term-for-burning-Dalit-man-alive/680308

Cop gets life term for burning Dalit man alive

Express News Service Posted online: Sat Sep 11 2010, 05:25 hrs
Ahmedabad : The Ahmedabad Sessions Court on Thursday sentenced a
police constable to life imprisonment for burning alive a 35-year-old
Dalit man who had voiced protest against him for allegedly taking
protection money from a bootlegger.
Special Judge D T Soni also ordered the convict — Hari Patel — to pay
Rs 25,000 to the legal heir of the deceased — Hasmukh Parmar — as
compensation.

The court also passed strictures against the investigating officer
from the Amaraiwadi police station for trying to save the culprit by
converting the case of murder into that of a suicide.

The judge directed the public prosecutor to send a certified copy of
the judgment to the police commissioner to do the needful against the
investigating officer.

"Investigating Officer Chandrashekhar Mudaliyar is examined and it
appears from his deposition that he started investigation on the basis
that it was a case of suicide in order to save the accused," the court
observed. "In fact, the accused being a policeman has attacked on Rule
of Law... This court records with pains that the manner and mode of
investigation carried out by the IO speaks much just to save a
policeman who has committed murder."

The incident had occurred on April 9, 2006, at Narsinh Nagar na
Chhapara chawl in the Amaraiwadi area. Parmar had an altercation with
Patel when the latter went to the chawl to collect hafta from a woman,
who was into bootlegging. Parmar had asked Patel to take action
against the woman instead of taking hafta, after which the policeman
beat him up before pouring kerosene and set him on fire.

Parmar told this to the police in his complaint and dying declaration.

The police, however, registered a case of abetment to suicide under
the provisions of the IPC and Prevention of Atrocities (Scheduled
Caste & Scheduled Tribe) Act against Patel.

During the trial, Assistant Public Prosecutor Bhavesh Patel brought
this lacuna in the charges to the notice of the court and moved an
application to add the murder charge. Patel was acquitted from the
charges of Atrocities Act violations.


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