Khairlanji : Final Proceedings on 20th Sept.’08

21Sep08

Today , it was expected that the court will pronounce its final judgement. But it was the day of arguments regarding the punishment to be given to the remaining 8 accused. The people were rushing to the court from all the places even though there was announcement by the District Collector of section 144 to prevent the unlawful assembly from Trimurti Chowk to Z.P.square of Bhandara. The entry into the court was restricted . The court was guarded like a fort from all the sides and around 100 police were deployed in front gate of the court. At around 11:15 A.M., a mob of around 50-60 people along with Bhaiyyalal Bhotmange, M.L.A. of Nagpur Nitin Raut arrive into the court. The people following them try to take forcible entry through the gate of the court.But they are blocked by the police. The scuffle ensues between some of the activists and police officers. Later some of them are permitted to go inside the court-premise , but after a few minutes, it was learnt that two activists  were detained by the police in their control room who were later released .

The police administration had issued two kinds of entry passes for entering the court. Green pass for entry into court premises and red card for entry into courtroom. The entrants into courtroom had to have no key rings , mobiles or footwear while entering the courtroom. Two activists and a journalist were prevented to enter into the courtroom even though they had valid passes with them.

The judge seems very angry and calls first the police officer, Mr.Pratite, entrusted with the court’s security .He  admonishes him to give permission to a journalist. Mr. Pratite then tells that journalist to remain out of the court. After some time the prosecutors and the defence lawyers enter the courtroom. 

                                     JUDGE EXPRESSES  HIS  DISSPLEASURE 

As soon as the court begins its work , Hon.Judge S.S.Das , expresses his dissatisfaction over out of court  reactions  post announcement of his judgement about acquittal of 3 accused, dropping charges under Prevention of Atrocity Act and deleting charge of sexual molestation. He said that he had given verdict on the basis of law and the evidences . Do the people giving such reactions know the law and evidences ? That must be known to lawyers only. Then he calls the S.P. of Bhandara to submit all the statements of the personalities given to media. The S.P., Suresh Sagar obliges. Then he says, “ This country is of Budhha and Babasaheb who framed the constitution. Then why those people give the reactions without the pronouncement of my complete judgement ? Let my complete verdict come before you and then you give your reactions. What was the need of the road trial of my judgement ? On this the public prosecutor , Adv.Nikam suggest him to forget and go ahead. Then the court begins its work.  

                         COURT ASKS THE ACCUSED ABOUT PUNISHMENT

At the start , Hon.Judge asks the accused if they have anything to say. All the accused ,say that they should be awarded least punishment. Then he asks everybody why they should be punished to the minimum sentence. The following is their reply –

1.Accused no.1 Gopal Bijewar(25) says,” I am married and my child and wife are dependent upon me. I am the sole bread-earner.” On this the judge asks , “ why you should not be punished ?” he says , “ I have done no crime. The media accused me of the crime”

2.Accused no. 2 Sakru Binjewar says, “ My home mates are dependent upon me. I have been implicated in false case.” The judge says, “ What other suits are their upon you apart from this present case?” He replies, “ None.

3. Accused no. 3 , Shatrughna Dhande (38) is asked  the same question and he answers in the same words.

4. Accused no.6(since accused no.3 & 4 are already acquitted) , Vishvanath Dhande(58) says, “ I do menial work. My home mates are dependent upon me.

5.Accused no.7, Ramu Dhande (44)says, “ I am married and have two children. I have their responsibility upon me .

6. Accused no.8 , Jagdish Mandalekar(42) says, “ I do  menial work. My mother is old. Who will take care of my son ?”

7. Accused no. 9 , Prabhakar Mandalekar (25) says, “ I am of young age.”

8.Accused no.11, Shishupal Dhande(22) says, “ I am too young to undergo punishment.”

Then all the accused say,“ We do not have any criminal cases upon us. This is the only false case. We should be given least punishment. We will behave well, work to live well. We are very poor. Who will look after our family after us?” They start crying after saying this. This finishes the say of the accused. 

                                    ADV. UJWAL NIKAM ARGUES

Adv.Nikam begins his arguments on following lines-

  1. For this crime, the only punishment to be given  according  law is hang till death or life imprisonment. The option of life imprisonment means it is the discretion of the court. But since it is not a cold blooded but the frozen blooded murder, the accused should be awarded the punishment of death. Pronouncement of death sentence does not mean the revenge. The law never cites to take revenge.
  2. There are these four circumstances  for which the accused should be awarded the punishment of death (a) Manner of murder (b) Exceptional cruel attitude of accused. (c) Accused behaved in such manner, the thousands of other accused would never behave. This is the rarest of rare case.
  3. The rarest of rare has no concern with how many persons are killed . But it has relation with method of killing and the mentality of the accused.
  4. All the accused enjoyed killings. They were very brutal, unscrupulous and they had total disregard for human life.
  5. On the day of incident , accused Jagdish Mandalekar and Vishvanath Dhande were inciting others. All had weapons. They had common intention to terminate the Bhotmange family. The deceased were armless and helpless. They did not incite the mob.  Surekha and Priyanka were killed because they testified in Sidhhartha assault case. But what was the guilt of Sudhir and Roshan ? Sudhir was handicapped. Priyanka and Roshan were teenagers. What was the need to end their lives ?
  6. The accused not only murdered but they  beat the victims till death.
  7. Surekha Bhotmange had 16 deep injuries. That means the accused beat her with the sticks and chains till the blood oozed out from each of her injury .Therefore , I say it is frozen blooded murder. It was a pre-planned murder.They all had common object and enjoyed murder of these 4 victims.
  8. The punishment for this  unnatural death should be only the death sentence. By this , their destructive brain shall be ended and the society shall learn that end of such crime will be death.
  9. To terminate the abnormal brain, death sentence is proper.
  10. In Salmond’s  Jurisprudence , there are 4 types of punishment-(i)Deterrative (ii) Reformative (iii)Preventive (iv) Retroactive .
  11. If the sentence of life imprisonment is awarded , their abnormal mind shall survive and after release from jail , they will become hardcore criminals. So, they should be provided only with death sentence.
  12. This case fits perfectly with the citation of Supreme Court in Bachhan Singh Vs. State of Punjab and Machhisingh Vs. State of Punjab.
  13. Just because the accused are of young and old age, they need not be given any special consideration. They can not be reformed now. Any wicked man can be reformed. But whose hairs are already bent , what the Gange’s water will do even if he takes dip into it.
                             C.B.I. LAWYER ADV.KHAN BRIEFS
    The C.B.I.counsol Adv.Ezaz Khan stated his side briefly and said that to give the message that ‘ criminals get fit punishment’, the court should award the penalty of the death sentence.       (At this stage , the court is adjourned for lunch-break till 3 P.M.) 


One Response to “Khairlanji : Final Proceedings on 20th Sept.’08”

  1. 1 kureela

    DALITS AND BUDDHIST SHOULD COME TOGETHER AND KEEP YOUR EYES OPEN ON VERDICT.IF COURT DOES NOT PUNISH THE CRIMINALS THEN TAKE THE ARM AND CHOP THE EVERY BODY OF PERSON INVOLVED IN BUDDHIST FAMILY KILLING.EVEN BUDDHA ASK FOR THE PUNISH TO CULPRIT OF DHAMMA.COME AND JOIN ON MONDAY AT CBI COURT AND SHOW THE HINDU TOILET PAPERS AND THEIR HINDU LED GOVERNMENT THAT WE ARE READY TO PUNISH THE CULPRIT IF COURT MAKE THEM FREE.LONG LIVE BUDDHA AND DR AMBEDKAR.


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