Why Khairlanji is a Caste Crime?
Stupidity of some newspaper and irresponsible civil society and judiciary in India has almost spread a linen on the Khairlanji Atrocity giving it a very normal/common scene of crime. Following is an excerpt from one of the leading Newspaper Hindistan Times whose editor is off course a High Caste Hindu.
“The incident had not occurred on account of caste hatred but the incident occurred since the accused felt that they were falsely implicated in the crime of beating Siddharth Gajbhiye by Surekha and Priyanka,” the judges said. “Moreover, there is no evidence brought on record that the accused have a criminal record,” they observed.
The judges said, “We are of the considered opinion that a case for awarding the death sentence to accused is not made out and, therefore, the accused do not deserve death sentence.”
WHEN WILL INDIA WAKE UP TO DALIT FURY?
Such a psudo system could ever will to wipe out brutal caste realities? NOOOO
For those who are unaware of the Khairlanji Caste Atrocity, Lets search original session’s trial to learn more on caste notion took place (available with Atrocitynews).
Adv.Khan( To Hon Judge Das, Session Court) : Sir , the local police in the initial stages of the investigations, made blunders. Blood from spot where the bodies were recovered was not collected. It is not the people wanted investigations because it is a premier investigation agency. But as the people came to know that the investigations are not proper , they asked for it. The C.I.D.too made some questionable investigations like Identity pared. So the potential witnesses get frightened and they do not report the truth. Therefore ID pared should not have been the part of investigation, so what was important ? the local police should have imprinted the marks of footwear ,bloodstains of the dead bodies on the person of the accused and weapons of the accused . These are the evidence for proof of the crime. The witnesses were mortally scared because immediately after the crime they were threatened .So the material evidence was most important which was missed unfortunately by local police . What was the basis of the crime ? Revenge. Surekha and Priyanka gave testimony in Siddharth assault case so they were murdered .But then why Sudhir and Roshan fell victims to it ? The moment Surekha died half the people should have lost their force but why they shouted, “Mahar lokanna gawabaher haklun lava” (banish the Mahars ) and why they shouted where were the other people from house? These are part of atrocity and show the crime done in furtherance of commen intention of revenge. They came from Mohadi court , assembled before grampanchayat ,made a plan and executed it .This shows commen object and intention. In conspirancy direct evidence is not necessary but inference has to be drawn. They assembled ,proceeded with cycle chains and sticks which can not be called as peaceful assembly. With cycle chain and sticks ,the ingredient of culpable homisede i.e. knowing or reasons to know that it would cause death of the person upon hitting it ,is proved . They carried the same and beat Priyanka, young girl ,Sudhir and Rosdhan the youthful boys and Surekha,the caring mother of all.All of them had marks of injuries. more.. (https://atrocitynews.wordpress.com/2008/08/25/khairlanji-court-proceedings-on-24th-august-08/)
Mukesh Pusam’s statement under para 3.
I studied upto 5th standard. I do not understand about the directions. I go to field at 10.00 a.m. and return back at 5.00 p.m. Bhaiyalal Bhotmange belongs to Mahar caste. There are 3 houses of Mahar community in our village, including that of Bhaiyalal. Vinod Meshram and Durwas Khobragade are belonged to Mahar community and they have their houses at our village. Vinod Meshram and Durwas Khobragade reside in the main village and not in our Toli. In our Toli (Ward) there is only one house of Mahar community i.e. Of Bhaiyalal Bhotmange.
There is no ambiguity as to the caste of Bhaiyyalal Bhotmange and his family. His caste Certificate has been already submitted in the court as well as that of the accused as they belong to Non- S.C/S.T. This attracts the provision of Prevention of atrocity Act – 1989. ( Mukesh Pusam further says,)
They were telling that “Mahar Lok Majlele Aahet Tyana Gharabaher Kadha Aani Marun Taka.” (Mahars have became arrogant, pull the out and kill !).In this statement of Mukesh Pusam , the utterance of the assailants that ‘Mahar lok’ … shows that they had shouted the casteist abuses against Bhotamnge’s family. Why this word ‘Mahar’ has been uttered by them? That shows the inference which is not unknown in Criminal Jurisprudence that the accused had notion of caste in their minds while committing the offence.
Who was responsible person in Sidhharth’s case ? Surekha. If that was the case, then in the feat of rage they should have killed her suddenly or immediately. But what did they do? They assembled in front of Gram Panchayat , hatched out a conspiracy and eliminated the whole family of Bhotmanges consisting of his two sons , a daughter and his wife. detailed…(https://atrocitynews.wordpress.com/2008/07/24/khairlanji-court-proceedings-21st-july-contd/)
Witness No.19, Dinesh Dhande in his para no 6 statement of his examination of chief on16/11/06 by Adv.Ezaz Khan said,” While the incident was going on 30 to 40 persons surrounded the house of Bhaiyalal Bhotmange. Then some persons out of those persons who were beating, intermitantly were telling that if some one tell their names then he will be also beaten like them. Thereafter, I went away from there to my house as I was frightened. Bhaiyalal belongs to Mahar caste. At the time of incident those persons who were beating also shouting that “Maharana Mara” (beat Mahars). Those who were beating are now present in the Court. I know them as they are my co-villagers.
In Exhibit no.132 , Bhaiyyalal Sudam Bhotmange said,” On that day at about 6 to 6:30 P.M. villagers attacked at our house. They were shouting that,” Mahar Dhed people falsly implicated us in police case.”
The other charge which the accused were acquitted from is of outraging the modesty of women u/s 354 of I.P.C. Even though the dead bodies were found naked and half naked , the court absolved the accused from the charge u/s354 on the basis that prosecution failed to fix the responsibility of crime u/s 354. But it is merely logical and circumstantial that those accused who beat and killed Surekha and Priyanka , were the perpetrators of the crime u/s 354. int 5. This also invites the POA 1089 Act for humiliating a women from Sceduled caste background.
All these evidences are such which are sufficient to attract the sections of Prevention of Atrocity act 1989. But the court completely disregarded the statements of these witnesses and freed all the accused from the charges of atrocity u/s 3(1)(x),3(1) (xi) and 3(2)(v).
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