mirchpur case a landmark judgement for dalit

IN THE COURT OF Dr. KAMINI LAU: ADDL. SEESIONS JUDGE-II (NORTH-WEST)/ SPL. JUDGE (SC/ST CASES):

ROHINI COURTS: DELHI

Session Case No. 1238/10Unique Case ID No. 02404R0326422010State Versus 1. Dharambir

S/o Sh. Tara ChandR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

2. PawanS/o Sh. Ram MaharR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

3. KarambirS/o Sh. Tara ChandR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

4. Joginder @ JogarSh. Bhim SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

5. DalbirSh. Dalip SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

St. Vs. Dharambir Etc, FIR No. 166/10, PS Narnaund (Haryana) Page No. 1

6. BalwanSh. Inder SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

7. Satyawan S/o Sh. Tara ChandR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

8. JaibirS/o Sh. ManphoolR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

9. AjitS/o Sh. SukhbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

10. BalwanS/o Sh. DharmabirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

11. Rajbir @ Nanha S/o Sh. Mai ChandR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


12. Viren S/o Sh. YashpalR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

13. Dharambir @ IllaS/o Sh. Mai Chand R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

14. Deepak @ SonuS/o Sh. Krishan @ PappuR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

15. Kuldeep @ MiddaS/o Sh. BalbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

16. RajinderS/o Sh. BaluR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

17. Jagdish @ HathiS/o Sh. Baru Ram R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


18. Suresh KumarS/o Sh. BalbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

19. Rajinder Kr.S/o Sh. Sadhu RamR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

20. RamphalS/o Sh. PrithviR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

21. Daya SinghS/o Sh. Jeet SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

22. Pardeep S/o Sh. BalwanR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

23. RishiS/o Sh. SatbirR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)


24. JasbirS/o Sh. IshwarR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

25. KarampalS/o Sh. SatbirR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

26. Sunil @ Sonu S/o Sh. Jasbir R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

27. Sumit S/o Sh. SatyawanR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

28. Pardeep S/o Sh. RamphalR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

29. Roshan LalS/o Sh. Ram SwarupR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


30. SurenderS/o Sh. JagdaR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

31. Hoshiar SinghS/o Sh. Mangal @ MangaR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

32. Ajit S/o Sh. DalipR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

33. RajinderS/o Sh. Dhup SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

34. RajinderS/o Sh. PaliR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

35. VijenderS/o Sh. Hoshiar SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


36. DineshS/o Sh. PremR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

37. VinodS/o Sh. Ram NiwasR/o Vill Nidhana, Tehsil Meham, Distt Rohtak, Haryana (Acquitted)

38. KulvinderS/o Sh. Ram Mahar R/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

39. MonuS/o Sh. SureshR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

40. AmitS/o Sh. SatyawanR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

41. SunilS/o Sh. Daya NandR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)


42. BaljeetS/o Sh. InderR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

43. RajeshS/o Sh. DupaR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

44. RameshS/o Sh. Karan SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

45. AmeerS/o Sh. TaraR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

46. AnilS/o Sh. Prem SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

47. BalwanS/o Sh. JeelaR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


48. CharanS/o Sh. Sadhu RamR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

49. AnupS/o Sh. DharmaR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

50. DalbirS/o Sh. TaraR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

51. Krishan Kr. @ DhaulaS/o Sh. SatyawanR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

52. Jogal @ DogerS/o Sh. Hawa SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

53. JitenderS/o Sh. SatbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


54. Jora SinghS/o Sh. BalwanR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

55. Rakesh @ KalaS/o Sh. SatyawanR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

56. KrishanS/o Sh. Karan SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

57. KuldeepS/o Sh. Om PrakashR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

58. Jasbir @ LilluS/o Sh. RajaR/o Village Mirch Pur, Distt Hissar, Haryana (Absconder)

59. ManbirS/o Sh. Jile SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


60. NasibS/o Sh. Prem SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

61. Rakesh @ NikleS/o Sh. Amarlal @ Lala RamR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

62. PappuS/o Sh. PyaraR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

63. PradeepS/o Sh. JagbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

64. PradeepS/o Sh. JaibirR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

65. PradeepS/o Sh. SureshR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)


66. PradeepS/o Sh. SatbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

67. PraveenS/o Sh. JagdevR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

68. PawanS/o Sh. Hoshiar SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

69. PawanS/o Sh. RajbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

70. SandeepS/o Sh. Mahinder SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

71. SandeepS/o Sh. Raj KumarR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


72. SandeepS/o Sh. Ram SwarupR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

73. SandeepS/o Sh. Rattan SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

74. SandeepS/o Sh. JoginderR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

75. Sandeep @ LangraS/o Sh. ChanderR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

76. Sanjay @ SanjeepS/o Sh. Amar LalR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

77. Sanjay HandaS/o Sh. Daya NandR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


78. Satta SinghS/o Sh. Karan SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

79. Sattu SinghS/o Sh. Randhir MasterR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

80. SatyawanS/o Sh. Rajinder R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

81. ShamsherS/o Sh. RajinderR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

82. Sheela @ SunilS/o Sh. BiraR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

83. Sonu @ MonuS/o Sh. RameshR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


84. Mandeep @ SonuS/o Sh.DalbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

85. Naveen @ TinaS/o Sh. RajbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

86. Vedpal @ BedooS/o Sh. Karan SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

87. VikashS/o Sh. Sunehra @ Sumer SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

88. VipinS/o Sh. Joginder SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

89. Jokhar @ JoginderS/o Sh. Inder SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


90. Rajpal S/o Sh. Sheo ChandR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

91. JaibirS/o Sh. BalbirR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

92. Ramesh @ MaheshS/o Sh. Dalip SinghR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

93. RupeshS/o Sh. Tek ChandR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

94. Bobal @ LangraS/o Sh. Tek ChandR/o Village Mirch Pur, Distt Hissar, Haryana (Convicted)

95. Jagdish @ JanglaS/o Sh. Lahna @ LakshmanR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)


96. Pawan @ TinkuS/o Sh. Sewa RamR/o Village Petwar, Distt Hissar, Haryana (Acquitted)

97. VinodS/o Sh. JagdeepR/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

98. Ved Pal S/o Dayanand R/o Village Mirch Pur, Distt Hissar, Haryana (Acquitted)

FIR No.: 166/10Police Station: Narnaund (Haryana)Under Sections: 120-B, 302, 307, 147, 149, 148, 323, 324, 325,

395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code and under Sections 3 (1) (x), (xv), 3 (2) (iii), (iv) (v) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Date on which the case was transferred to this Court: 18.12.2010

Date on which orders were reserved: 2.8.2011/ 17.9.2011

Date on which judgment pronounced: 24.9.2011

Thomas Jefferson wrote the memorable words All men are

created equal, that they are endowed by their creator by certain


inalienable rights, that among these are life, liberty, and the pursuit of

happiness" (American Declaration of Independence, 1776). A large

section of Indian society still regard a section of their own countrymen as

inferior and in the words of Justice Markandey Katju this mental attitude

is simply unacceptable in the modern age, and it is one of the main

causes holding up the country's progress. It is unfortunate that the

centuries old Indian Caste system still takes its toll from time to time.

This case unfolds the worst kind of atrocities committed by the so-called

upper caste (Jat's hereinafter to be referred as 'J') against the so-called

lower caste (Balmiki's hereinafter to be referred as 'B') in civilized

country. It is absolutely imperative to abolish the caste system as

expeditiously as possible for the smooth functioning of Rule of Law and

Democracy in our country.

JUDGMENT:Brief facts:

This case was received on transfer vide the orders of

Hon'ble Supreme Court dated 8.12.2010 with the directions that this

court shall be free to conduct the trial afresh. As many as one hundred

and three number of accused have been charge sheeted out of which five

accused are juveniles facing trial in Juvenile Justice Board Hissar,

whereas ninety eight are facing trial before this court of whom one

accused namely Jasbir Singh has escaped/ absconded from custody

during trial whose trail has been separated and the proceedings for

declaring him a proclaimed offender are underway.


Prosecution case:The case of the prosecution is that on 19.04.2010 at about

88.30 PM some of the boys belonging to the 'J' community namely

Rajender S/o Pale, Sonu S/o Pappu, Monu S/o Suresh, Rishi S/o

Satbir alongwith 10 15 other boys were passing through 'B' Basti in an

inebriated state and on seeing them, the she-dog of the complainant

Karan Singh barked at them. The accused persons took an offence to the

barking of the dog and started throwing stones at it which entered into

the house of Karan Singh ('B') and was objected to by his nephew

Yogesh. The complainant Karan Singh then intervened in the matter and

attempted to settle the same after which the group of these boys then

moved away from there. After some time Ajeet (belonging to 'J'

community) a resident of the same village who is residing near the 'B'

Basti at Village Mirchpur approached the complainant Karan Singh and

advised him to apologise or else they would have to face more problems

by saying zyada nuksaan ho jayega. The complainant along with his

neighbour Veer Bhan went towards the house of Rajendra S/o Pali where

all the boys belonging to the dominant 'J' community had gathered to

settle the matter but instead the complainant and Virbhan were beaten up

by the accused as a result of which they received injuries. The injuries

on Virbhan were more serious. Initially both Karan Singh and Virbhan

were rushed to the hospital in Hansi, but since Virbhan had serious

injuries, Karan Singh took Virbhan to the District Hospital in Hissar

where he was admitted for a day. On 20.04.2010 the complainant Karan

Singh in apprehension of the tension in the village escalating into further

violence, got Virbhan discharged from the hospital and on the way back

to the village stopped at the police station Narnaund and informed the


SHO concerned about the incidents of 19th (19.4.2010) and also apprised

him of the tension that was prevailing in the village but the SHO

(accused Vinod S/o Ram Niwas) did not pay much heed to the pleas of

the complainant and sent five to six Constables to handle the matter

which was despite the clear information from the complainant that the

situation in the village was turning volatile and there was a lot of tension

on account of the instance of violence at the behest of the persons

belonging to the 'J' community. The Constables sent by the SHO

attempted to settle the tension, but to no avail and in the morning of

21.04.2010, there was tension at the 'B' Basti due to which reason the

SHO Narnaund and the dominant community called a meeting of the 'J'

community in the 'J' Chaupal and then called a meeting of the members

of 'B' community in the 'B' Chaupal. As per the allegations the men of

the 'B' community gathered in the 'B' Chaupal and most persons like

women, children and old persons stepped out to see what was going on,

when the accused before this court in furtherance of their common

intention and in pursuance of the common design duly armed with

kerosene, petrol in bottles along with lathis, jellies and stones

surrounded the 'B' Basti and gave out cries for attacking the 'B' Basti

shouting in saale chooron ke gharon ko jhala do, inki bacchon ko

gharon main hi zinda jhala do, inke ghar tod do aur inka gaon se

khatma kar do. This according to the prosecution was done with the

backing and under the protection of the SHO (accused Vinod S/o Ram

Niwas).

On account of the aforesaid one Tara Chand and his

daughter Suman (who was handicapped) were badly burnt. While

Suman died at the house itself, Tara Chand in order to save his life had


rushed to the house of his neighbour Diwan Singh while his house was

set on fire and managed to save himself at that time but having sustained

severe burn injuries was taken to Civil Hospital, Hissar in Government

Gypsy by his son Amar Lal and Nephew Ashok in a burnt condition

where the police recorded his statement (Dying Declaration) and also got

a statement (Dying Declaration) recorded from the Judicial Magistrate

First Class and he later succumbed to his injuries on the same day. In the

village as many as 51 persons all belonging to dalit community received

injuries, 18 properties belonging to dalits were burnt and there was large

scale rioting and looting of properties of dalits. After investigations, the

charge sheet was filed in the present case wherein provisions of Sections

120-B, 302, 307, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436, 449,

450, 452 Indian Penal Code and under Sections 3 (1) (x), (xv) , 3 (2)

(iii), (iv) (v) of the Scheduled Caste/ Scheduled Tribes (Prevention of

Atrocities) Act, 1989, have been invoked against these accused.

Sequence of events:19.4.2011 Rajender S/o Pale, Sonu S/o Pappu, Monu S/o

Suresh, Rishi S/o Satbir alongwith ten to fifteen

other boys allegedly passing in front of the house of

Karan Singh (belonging to 'B' community) situated in

the main gali at about 9-9:30 PM in an intoxicated

state when the she-dog belonging to Jai Parkash, the

brother of Karan Singh started barking at them. On

this the boys belonging to 'J' community got irritated

and threw a dalla when a portion of the dalla hit the

dog and a portion entered the house of Karan Singh


on which Yogesh son of Jai Parkash and nephew of

Karan Singh came out and there was an altercation

between Rajender S/o Pale and Yogesh and followed

by hatha pai (physical altercation) when other persons

came and separated them. After some time Ajeet

came and told Karan Singh that he had been called at

the house of Rajender S/o Pale towards the houses of

the 'J' community as there was a 'J' Panchayat on the

incident stating that they would get the matters

amicably resolved. However, when Karan Singh and

Veer Bhan went there, they were beaten by the

persons from 'J' community and they sustained

injuries.

20.4.2010: (1) A complaint was made by Karan Singh and

Veer Bhan to the SHO Police Station Narnaund

regarding incident dated 19.4.2011.

(2) Rajender S/o Pale who was running a milk

dairy could not supply milk to many residents of the

village particularly in the 'B' Basti.

21.4.2010: Incident in question took place

22.4.2010: DSP Sh. Abhay Singh arrested the accused Dharambir

S/o Tara Chand, Pawan S/o Ram Mehar, Karam Bir

S/o Tara Chand, Joginder @ Jogar S/o Bhim Singh,

Dalbir S/o Dalip Singh, Balwan S/o Inder, Satyawan

S/o Tara Chand, Jai Bir S/o Manphool, Ajeet Singh

S/o Sukhbir, Balwan S/o Dharam Singh, Roshan S/o

Ram Swaroop, Pradeep S/o Ram Phal, Vijender S/o


Hoshiar Singh, Hoshiar Singh S/o Mangal Singh,

Ajeet S/o Dalip Singh, Rajinder S/o Dhupa, Surender

Kumar S/o Jagde Ram and Rajbir S/o MaiChand.

Provisions of Section 4 of SC/ST (POA) Act were

added by DSP Sh. Abhay Singh on the application of

Karan Singh.

23.4.2010: DSP Sh. Abhay Singh arrested the accused Dinesh

S/o Prem Singh and Viren S/o Yashpal.

27.4.2010: Various politicians including Sh. Bhupender Singh

Hooda, Chief Minister, Haryana visited the village

Mirchpur and announced the compensation to the

victims

30.4.2010: Investigations were transferred to DSP Sh. Tula Ram

who arrested the accused Dharambir S/o Mai Chand

and Deepak S/o Krishan.

Team of doctors from Government Hospital Hissar

visited village Mirchpur and conducted medical

examination of the persons injured in the incident

dated 21.4.2010.

1.5.2010: Inspector Vinod Kumar the then SHO Police Station

Narnaund was arrested

02.05.2010 DSP Sh. Tula Ram arrested accused Naib Tehsildar

Jage Ram (not sent up for trial) from the office of

DSP Hansi.

14.5.2010: Accused Kuldeep, Rajender S/o Belu Ram, Jagdish

S/o Baru Ram, Suresh S/o Balbir, Rajender S/o Sadhu

Ram, Ramphal S/o Prithvi Singh and Daya S/o Ajeet


were arrested.

15.5.2010: Accused Pradeep S/o Balwan was arrested.

16.5.2010: Accused Rishi S/o Satbir, Jasbir S/o Ishwar and

Karampal S/o Satbir were arrested

17.5.2010: Accused Sunil Kumar @ Soni S/o Jaiveer and Sumit

S/o Satyawan were arrested

19.5.2010: DSP Tula Ram preapred the charge sheet in respect of

28 persons and sent it to prosecution department.

21.5.2010: Accused Rajender S/o Pale was arrested.

11.06.2010: (1) First charge sheet was filed by DSP Sh. Tula

Ram in respect of twenty eight accused persons.

(2) Judicial Magistrate-First Class, Hansi on the

request of DSP Hansi Sh. Tula Ram, discharged/

released the accused Jage Ram (Niab Tehsildar-

Hissar), Deepak S/o Ajmer, Satish S/o Ajmer, Rajesh

S/o Om Prakash, Ajay S/o Sukhbir, Sukhbir S/o

Manphool, Naresh S/o Prem Singh, Dinesh S/o Amar

Lal, Kulwant S/o Chander Singh and Ram Meher S/o

Gulab Singh on the ground that these persons have no

concern with the alleged offence though their names

have been mentioned by the victims and the

complainants.

1.7.2010: DSP Sh. Tula Ram filed the charge sheet in respect of

nine persons arrested later.

27.7.2010: DSP Tula Ram interrogated Veer Bhan S/o Man

Singh, Suresh S/o Raj Kumar, Ashok S/o Maha

Singh, Parveen and Amar Lal both sons of Tara


Chand and prepared the supplementary charge sheet

against the accused Vinod Kajal, the then SHO Police

Station Narnaund.

29.7.2010: Supplementary charge sheet against the accused

Vinod Kajal the then SHO Police Station Narnaund

was filed by DSP Sh. Tula Ram before the court.

Accused Jogender S/o Inder, Rajpal S/o Sheo Chand

and Jaiveer S/o Balbir were arrested.

01.08.2010: Accused Ramesh @ Mahesha S/o Dalip, Rupesh S/o

Tek Ram and Bobal @ Langra S/o Tek Ram were

arrested.

12.08.2010: Accused Jagdish S/o Lenha was arrested.

24.08.2010: Accused Pawan @ Tinku S/o Sewa Singh was

arrested

31.08.2010: Accused Balwan S/o Jai Lal was arrested.

01.09.2010: Accused Pardeep S/o Suresh, Satish S/o Randhir and

Pawan S/o Hoshiyar Singh were arrested.

02.09.2010: Accused Jora S/o Balwan and Ved Pal S/o Daya

Nand were arrested

03.09.2010: Accused Kuldeep S/o Om Parkash, Jogal @ Jogar

S/o Hawa Singh, Naseeb S/o Prem Singh, Pardeep

S/o Jaiveer Singh, Pardeep S/o Satbir, Shamsher S/o

Rajender, Rakesh @ Meenu S/o Ramesh, Jitender S/o

Satbir, Charan Singh S/o Sadhu Ram, Parveen S/o

Jagdev, Sandeep S/o Ram Swaroop, Sandeep S/o

Ratan Singh, Vikas S/o Sunehra, Ved Pal S/o Karan

Singh, Kala @ Rajesh S/o Satyawan, Pawan S/o


Rajbir, Sandeep S/o Raj Kumar, Monu S/o Suresh

Kumar, Amit S/o Satyawan, Ramesh S/o Karan Singh

and Sata S/o Karan were arrested

04.09.2010: Accused Dalbir S/o Tara Chand, Pardeep S/o Jagbir,

Sanjay @ Sanjeev S/o Amar Lal, Sunil @ Shila S/o

Bhira, Naveen @ Tina S/o Rajbir, Vinod S/o Jagdev,

Manbir S/o Zile Singh, Pappu S/o Pyarelal, Rakesh

@ Nikli S/o Amar Lal, Vipin S/o Jogender, Sandeep

S/o Mahender, Sandeep S/o Jogender, Satyawan S/o

Vijender, Sunil S/o Daya Nand and Radhey S/o

Dhoopa were arrested.

05.09.2010: Accused Baljeet S/o Inder, Dhaula S/o Satyawan,

Anoop S/o Dharma, Sandeep S/o Chander, Lilu @

Jasbir S/o Raja, Krishan S/o Karan Singh, Meer

Singh S/o Tara Chand and Anil S/o Prem Singh were

arrested

06.09.2010: Accused Sonu S/o Dalbir and Kulwinder S/o Ram

Mehar were arrested.

09.09.2010: Accused Sanjay @ Handa S/o Daya was arrested.

16.10.2010: DSP Tula Ram prepared the charge sheet in respect of

fifteen accused.

18.10.2010: DSP Sh. Tula Ram filed the charge sheet in the court

in respect of fifteen accused.

28.10.2010: DSP Sh. Tula Ram handed over the investigating file

to Insp. Vijay Pal SHO Narnaund who filed the

charge sheet for the remaining fifty accused in the

court.


8.12.2010: The case was transferred to this court vide the orders

of Hon'ble Supreme Court dated 8.12.2010 with the

directions that this court shall be free to conduct the

trial afresh.

26.2.2011: This court conducted the spot inspection at village

Mirchpur.

11.3.2011: Charges were framed against all the accused

18.3.2011: Trial/ prosecution evidence commenced

List of witnesses examined:

Sr. No.

Witness No. Name of the witness Category

Prosecution Witnesses1. PW 1 ASI Raghubir Singh Official police witness2. PW 2 EASI Manohar Lal Official police witness3. PW 3 ASI Miyan Singh Official police witness4. PW 4 Ct. Devi Lal Official police witness5. PW 5 Ct. Anil Kumar Official police witness6. PW 6 EAI Bir Bhan Official police witness7. PW 7 Yogesh Kumar Public witness/ eye witness8. PW 8 Ramphal Public witness/ eye witness9. PW 9 Bindu Public witness/ eye witness10. PW 10 Raj Bir Public witness/ eye witness11. PW 11 Smt. Madho Public witness/ eye witness12. PW 12 Ram Murti Public witness/ eye witness13. PW 13 Sunita Public witness/ eye witness14. PW 14 Angoori Public witness/ eye witness15. PW 15 Smt. Krishna Public witness/ eye witness


16. PW 16 Mrs. Ishro Public witness/ eye witness17. PW 17 Shanti Public witness/ eye witness18. PW 18 Smt. Chander Public witness/ eye witness19. PW 19 Ms. Pooja Public witness/ eye witness20. PW 20 Kela Public witness/ eye witness21. PW 21 Sunita Public witness/ eye witness22. PW 22 Aman Public witness/ eye witness23. PW 23 Satbir Public witness/ eye witness24. PW 24 Suresh Public witness/ eye witness25. PW 25 Sushil Public witness/ eye witness26. PW 26 Raju Public witness/ eye witness27. PW 27 Ravi Public witness/ eye witness28. PW 28 Sandeep Public witness/ eye witness29. PW 29 Dhoop Singh Public witness/ eye witness30. PW 30 Santra Public witness/ eye witness31. PW 31 Abhishek Public witness/ eye witness32. PW 32 Sheela Public witness/ eye witness33. PW 33 Rani Public witness/ eye witness34. PW 34 Raj Kumar Public witness/ eye witness35. PW 35 Ashok Public witness/ eye witness36. PW 36 Sanjay Public witness/ eye witness37. PW 37 Meena Kumar Public witness/ eye witness38. PW 38 Mahajan Public witness/ eye witness39. PW 39 Sube Singh Public witness/ eye witness40. PW 40 Vijender Public witness/ eye witness41. PW 41 Sunita Public witness/ eye witness42. PW 42 Vicky Public witness/ eye witness43. PW 43 Dilbagh Public witness/ eye witness44. PW 44 Sanjay Public witness/ eye witness45. PW 45 Manoj Public witness/ eye witness


46. PW 46 Rajesh Public witness/ eye witness47. PW 47 Satyawan Public witness/ eye witness48. PW 48 Gulab Singh Public witness/ eye witness49. PW 49 Pradeep Public witness/ eye witness50. PW 50 Kamla Public witness/ eye witness51. PW 51 Dr. Sandeep Doctor52. PW 52 Dr. Puneet Kumar Doctor53. PW 53 Dr. Sourab Arora Doctor54. PW 54 HC Subash Chand Official police witness55. PW 55 Sh. Harish Goel (JMIC) Judicial Officer56. PW 56 Dr. Vishal Goel Doctor57. PW 57 SI Manjit Singh Official police witness58. PW 58 Dr. Arun Kumar Doctor59. PW 59 Dr. Pale Ram Doctor60. PW 60 ASI Sadhu ram Official police witness61. PW 61 ASI Satbir Singh Official police witness62. PW 62 ASI Omprakash Official police witness63. PW 63 Dr. T. P. Sharma Doctor64. PW 64 SI Bani Singh Official police witness65. PW 65 ASI Bhim Singh Official police witness66. PW 66 DSP Abhay Singh Official police witness67. PW 67 DSP Tula Ram Official police witness68. PW 68 Dr. Dinesh Kumar DoctorDefence witnesses69. DW1 HC Ram Singh Official police witness70. DW2 Ct. Ravinder Official police witness71. DW3 Surender Kumar Official witness72. DW4 Baru Ram Official witness73. DW5 HC Lachman Singh Official police witness74. DW6 Virender Public witness


75. DW 7 Sajjna Public witness76. DW 8 Shamsher Singh Public witness77. DW 9 Dalser Lohan Public witness78. DW 10 Dr. Rajesh Malik Doctor79. DW 11 Jagdish Public witness80. DW 12 Manoj Kumar Public witness81. DW13 Karan Singh Public witness82. DW 14 Ramesh Public witness83. DW 15 Pasha Public witness84. DW 16 Ajmere Public witness85. DW 17 Rajesh Public witness86. DW 18 Suman Nurse General Hospital Jind87. DW 19 Ram Chander Public witness88. DW 20 Ram Niwas Public witness89. DW 21 Dharambir Public witness90. DW 22 Praveen Public witness91. DW 23 Ranbir Singh Public witness92. DW 24 Ram Mehar Public witness93. DW 25 Jai Bhagwan Public witness94. DW 26 Dr. Balbir Singh Punia Doctor95. DW 27 Suresh Accused96. DW 28 Dalbir Singh Businessman/ Poultry farm97. DW 29 Vikas Accused98. DW 30 Rajinder Accused99. DW 31 Ramphal Accused100. DW 32 Dr. Rajesh Gandhi Doctor101. DW 33 Dr. Kuldeep Doctor102. DW 34 Pawan Singh Nodal Officer103. DW 35 Om Prakash Nodal Officer104. DW 36 Sajjan Public witness/ Driver


105. DW 37 Ranbir Public witness106. DW 38 Dalip Singh Official 107. DW 39 Dipender Singh Official108. DW 40 Chander Prakash Public witness109. DW 41 Suresh Kumar Public witness/ tractor

workshop

110. DW 42 Deepak Kumar Nodal Officer111. DW 43 Manjeet Singh Dhillon Nodal Officer112. DW44 Dr. Sunita Garg DoctorCourt witness:113. CW1 Amar Lal Cited as prosecution witness

Details of the exhibits:

S. No Exhibit No. Detail of the document/ article Remarks1. Ex.P-1 Burnt Motorcycle of Sunil S/o Brij Bhan

Bother-in- law ManojProved

2. Ex.P-2 Burnt Motorcycle of Pradeep Proved3. Ex.P-3 Burnt Tricycle/ Handicap cycle of

deceased SumanProved

4. PW1/1 Affidavit of EASI Raghubir Singh Proved5. PW2/1 Affidavit of EASI Manohar Lal Proved6. PW3/1 Affidavit of ASI Miyan Singh Proved7. PW3/A1-A109 Photographs Proved8. PW3/B CD of Photographs Proved9. PW4/1 Affidavit of Ct. Devi Lal Proved10. PW4/A Video CD containing clippings of

postmortem and also of spotProved

11. PW4/B Seizure memo of CD Proved12. PW5/1 Affidavit of ASI Anil Kumar Proved13. PW5/A Video CD of Village of Mirch Pur Proved


14. PW6/1 Affidavit of EASI Vir Bhan Proved15. PW6/A Register No 19 entry no 510/671/511

(Copy)Proved

16. PW7/PX1 Statement of Yogesh Proved17. PW8/PX 1 Statement of Ramphal Proved18. PW8/A MLR of Ramphal Proved19. PW10/DX1 Statement of Rajbir Proved20. PW25/DX1 Statement of Sushil Proved21. PW11/PX1 Statement of Madho Proved22. PW12/PX1 Statement of Ram Murti Proved23. PW13/A MLR of Sunita Proved24. PW15/PX 1 Statement of Krishna Proved25. PW15/A MLR of Krishan Proved26. PW16//PX1 Statement of Ishro Proved27. PW16/A MLR of Ishro Proved28. PW17/PX1 Statement of Shanti Proved29. PW18/A MLR of Chanderpati Proved30. PW18/PX 1 Statement of Chander Pati Proved31. PW19/PX 1 Statement of Pooja Proved32. PW19/A MLR of Pooja Proved33. PW20/PX1 Statement of Kela Proved34. PW20/A MLR of Kela Pati Proved35. PW20/DX1 Copy of Election card Proved36. PW21/ PX1 Statement of Sunita Proved37. PW21/A MLR of Sunita Proved38. PW22/PX1 Statement of Aman Proved39. PW22/A MLR of Aman Proved40. PW23/PX1 Statement of Satbir Proved41. PW23/A MLR of Satbir Proved


42. PW24/A Statement of Suresh (Identification of Dead body)

Proved

43. PW24/B Receipt of Dead Body Proved44. PW25/A MLR of Sushil Proved45. PW26/A MLR of Raju Proved46. PW26/PX1 Statement of Raju Proved47. PW27/A MLR of Ravi Proved48. PW27/PX1 Statement of Ravi Proved49. PW36/DX1 Statement of Sanjay Proved50. PW28/A MLR of Sandeep Proved51. PW28/PX1 Statement of Sandeep Proved52. PW29/A MLR of Dhoop Singh Proved53. PW30/A MLR of Santra Proved54. PW30/DX1 Statement of Santra Proved55. PW32/A MLR of Sheela Proved56. PW32/DX1 Statement of Sheela Proved57. PW33/A MLR of Rani Proved58. PW33/DX1 Statement of Rani Proved59. PW34/A MLR of Raj Kumar Proved60. PW34/PX1 Statement of Raj Kumar Proved61. PW35/A MLR of Ashok Proved62. PW35/PX1 Statement of Ashok Proved63. PW35/PX2 Supplementary statement of Ashok Proved64. PW36/A MLR of Sanjay Proved65. PW37/A MLR of Meena Kumar Proved66. PW37/DX1 Statement of Meena Kumar Proved67. PW38/A MLR of Mahajan Proved68. PW38/PX1 Statement of Mahajan Proved69. PW39/PX1 Statement of Sube Singh Proved70. PW40/PX1 Statement of Vijender Proved


71. PW41/A List of Burnt articles of Sunita W/o Surta

Proved

72. PW41/PX1 Statement of Sunita Proved73. PW42/PX1 Statement of Vicky Proved74. PW43/PX1 Statement of Dilbagh Proved75. PW44/PX1 Statement of Sanjay Proved76. PW45/PX1 Statement of Manoj Proved77. PW45/PX2 Supplementary statement of Manoj Proved78. PW 46/PX1 Statement of Rajesh Proved79. PW47/PX1 Statement of Satyawan Proved80. PW48/A MLR of Gulaba Ram Proved81. PW48/PX1 Statement of Gulaba Ram Proved82. PW49/A Seizure Memo of Motorcycle and ashes Proved83. PW49/B Seizure memo of Tricycle and ashes Proved84. PW49/PX Statement of Pradeep S/o Tara Chand Proved85. PW49/PX2 Supplementary statement of Pradeep Proved86. PW49/PX3 Second Supplementary Statement of

PradeepProved

87. PW50/PX1 Statement of Kamla Proved88. PW51/A Information regarding injured Gulaba to

SHO Proved

89. PW52/A MLR of Tara Chand Proved90. PW52/B Bed Head Ticket of Tara Chand Proved91. PW52/C Postmortem Report of Tara Chand Proved92. PW52/D Postmortem Report of Suman Proved93. PW52/D1 MLR of Shanti Proved94. PW52/E MLR of Angoori Proved95. PW52/ F MLR of Suman Proved96. PW53/A MLR of Sanjay Proved97. PW53/B MLR of Abishek Proved98. PW53/C MLR of Sanjeep Proved


99. PW53/D Information regarding Injured to SHO Proved100. PW54/A1 Scaled site plan of the house of Kamal Proved101. PW54/A2 Scaled site plan of the house of Tara

ChandProved

102. PW54/A3 Scaled site plan of the house of Sube Singh

Proved

103. PW54/A4 Scaled site plan of the house of Satyawan

Proved

104. PW54/A5 Scaled site plan of the house of Rajinder Proved105. PW54/A6 Scaled site plan of the house of Sanjay Proved106. PW54/A7 Scaled site plan of the house of Nawab Proved107. PW54/A8 Scaled site plan of the house of Ram

NiwasProved

108. PW54/A9 Scaled site plan of the house of Dilbagh Proved109. PW54/A10 Scaled site plan of the house of Chander Proved110. PW54/A11 Scaled site plan of the house of Sanjay

S/o SatpalProved

111. PW54/A12 Scaled site plan of the house of Sunita W/o Surta

Proved

112. PW54/A13 Scaled site plan of the house of Gulab Chowkidar

Proved

113. PW54/A14 Scaled site plan of the house of Rajesh Proved114. PW54/A15 Scaled site plan of the house of Jagpal Proved115. PW54/A16 Scaled site plan of the house of Dhoop

SinghProved

116. PW54/A17 Scaled site plan of the house of Raja Proved117. PW54/A18 Scaled site plan of the house of Sushil Proved118. PW54/A19 Scaled site plan of the house of Bania Proved119. PW54/A20 Scaled site plan of the house of Rajmal Proved120. PW54/A21 Scaled site plan of the house of

Dharamvir Proved

121. PW54/A22 Scaled site plan of the house of Karambir

Proved


122. PW54/A23 Scaled site plan of the house of Bani Singh

Proved

123. PW54/A24 Scaled site plan of the house of Binder Proved124. PW54/A25 Scaled site plan of the house of

Dharambir Proved

125. PW54/A26 Scaled site plan of the house of Parveen Proved126. PW54/A27 Scaled site plan of the house of Vijender Proved127. PW54/A28 Scaled site plan of the house of Jai Singh Proved128. PW54/A29 Scaled site plan of the house of Jaswant Proved129. PW54/A30 Scaled site plan of the house of

SatayawanProved

130. PW54/A31 Scaled site plan of the house of Ajmer Proved131. PW54/A32 Scaled site plan of Kirayana shop of

PawanProved

132. PW54/A33 Scaled site plan of the house of Ram Niwas

Proved

133. PW54/B Scaled site plan of Village Mirchpur Proved134. PW55/DX1 Covering Letter of statement of 164

Cr.P.C. of Tara Chand Proved

135. PW55/A Application for Recording the statement of Tara Chand

Proved

136. PW55/B Statement of Tara Chand (Dying Declaration)

Proved

137. PW55/C Certificate of Statement of Judicial Magistrate 1st Class

Proved

138. PW56/A MLR of Ajmer Singh Proved139. PW56/B MLR of Satbir Proved140. PW56//C MLR of Sunita W/o Surta Proved141. PW57/A Seizure memo of Ashes Proved142. PW57/B Disclosure Statement of accused Viren Proved143. PW57/C Disclosure statement of accused Dinesh Proved144. PW59/A MLR of Rajbir Proved145. PW59/B MLR of Monika Proved


146. PW59/C MLR of Bindu Proved147. PW59/D MLR of RajMal Proved148. PW59/E MLR of Piriya Proved149. PW59/F MLR of Karambir Proved150. PW59/G MLR of Pali Proved151. PW59/H MLR of Nawab Proved152. PW59/I MLR of Jai Parkash Proved153. PW59/J MLR of Karan Singh Proved154. PW59/K MLR of Naseeb Proved155. PW59/L MLR of Parveen Proved156. PW59/M MLR of Yogesh Proved157. PW59/N MLR of Poonam Proved158. PW59/O MLR of Jagbir Proved159. PW59/P MLR of Ashok Proved160. PW59/Q MLR of Kamlesh Proved161. PW59/R MLR of Radha Proved162. PW59/S MLR of Madho Proved163. PW59/T MLR of Murti Proved164. PW63/A X-Ray Report of Raj Kumar Proved165. PW63/B X-Ray Report of Dhoop Singh Proved166. PW63/C X-Ray Report of Gulaba Ram Proved167. PW63/D X-Ray Report of Mahajan Proved168. PW64/A Information/Rukka Regarding Injured

Tara Chand at time of admission in Hospital

Proved

169. PW64/B Application to Medical Officer for Permission to Record the statement of Tara Chand

Proved

170. PW64/C Statement of Tara Chand under Section 161 Cr.P.C.

Proved

171. PW64/D Information/Rukka when Tara Chand was Brought Dead

Proved


172. PW64/E Inquest Papers of Tara Chand Proved173. PW64/E1 Form No 25 in respect of deceased Tara

Chand Proved

174. PW64/E2 Statement of Amar recorded by SI Bani Singh

Proved

175. PW64/E3 Inspection of dead body and mortuary Proved176. PW64/E4 Copy of FIR Proved177. PW64/F Application of SI Bani Singh for

constituting the board to conduct the Postmortem of Tara Chand

Proved

178. PW64/G Handing over receipt of the dead body of Tara Chand to Amar Lal

Proved

179. PW64/H Application of SI Bani Singh to MO for record the statement of other injured

Proved

180. PW64/I Disclosure statement of Rajender S/o Pale

Proved

181. PW64/DX1 Statement of Sandeep S/o Raj Kumar Proved182. PW65/A Inquest Papers of deceased Suman Proved183. PW65/A1 Form No 25 in respect of deceased

SumanProved

184. PW65/A2 Statement regarding identification of dead body of Suman by Amar

Proved

185. PW65/A3 Statement regarding identification of dead body of Suman by Suresh

Proved

186. PW65/A4 Copy of FIR Proved187. PW65/B Seizure memo of Pullanda (Suman) Proved188. PW65/C Application by SI Bani Singh to MO for

constituting the board to conduct the Postmortem of Suman

Proved

189. PW66/A Statement of Karan Singh/ complainant Proved190. PW66/B Rukka Proved191. PW66/C1 Sketch of the house of Jagpal Proved192. PW66/C2 Sketch of the house of Chander Singh Proved193. PW66/C3 Sketch of the house of Ram Niwas Proved


194. PW66/C4 Sketch of the house of Sanjay Proved195. PW66/C5 Sketch of the house of Satyawan Proved196. PW66/C6 Sketch of the house of Sunita Proved197. PW66/C7 Sketch of the house of Sube Singh Proved198. PW66/C8 Sketch of the house of Dilbagh Proved199. PW66/C9 Sketch of the house of Kamla Proved200. PW66/C10 Sketch of the house of Dhoop Singh Proved201. PW66/C11 Sketch of the house of Tara Chand Proved202. PW66/C12 Sketch of the house of Sushil Proved203. PW66/C13 Sketch of the house of Gulaba Proved204. PW66/C14 Sketch of the house of Sanjay Proved205. PW66/C15 Sketch of the house of Rajender Proved206. PW66/C16 Sketch of the house of Satpal Proved207. PW66/C17 Sketch of the house of Nawab Proved208. PW66/C18 Sketch of the house of Raja Proved209. PW66/C19 Sketch of the house of Karambir Proved210. PW66/C20 Sketch of the house of Rajesh Proved211. PW66/C21 Sketch of the house of Bania Proved212. PW66/C22 Sketch of the house of Satyawan Proved213. PW66/C23 Sketch of the house of Rajmal Proved214. PW66/C24 Sketch of the house of Vijender Proved 215. PW66/C25 Sketch of the house of Pawan Proved216. PW66/C26 Sketch of the house of Jai Singh Proved217. PW66/C27 Sketch of the house of Jaswant Proved218. PW66/C28 Sketch of the house of Ram Niwas Proved219. PW66/C29 Sketch of the house of Karambir Proved220. PW66/C30 Sketch of the house of Binder Proved221. PW66/C31 Sketch of the house of Bani Singh Proved222. PW66/C32 Sketch of the house of Dharamvir Proved223. PW66/C33 Sketch of the house of Praveen Proved


224. PW66/D1 Arrest Memo of Dharambir S/o Tara Chand

Admitted

225. PW66/D2 Arrest Memo of Pawan S/o Ram mehar Admitted226. PW66/D3 Arrest Memo of Karambir S/o Tara

ChandAdmitted

227. PW66/D4 Arrest Memo of Joginder S/o Bhim Singh

Admitted

228. PW66/D5 Arrest Memo of Dalbir S/o Dalip Singh Admitted229. PW66/D6 Arrest Memo of Balwan S/o Inder Admitted230. PW66/D7 Arrest Memo of Satyawan S/o Tara

Chand Admitted

231. PW66/D8 Arrest memo of Jaibir S/o Manphool Admitted232. PW66/D9 Arrest Memo of Ajit Singh S/o Sukhbir Admitted233. PW66/D10 Arrest Memo of Balwan S/o Dharam

SinghAdmitted

234. PW66/D11 Arrest Memo of Roshan S/o Ram Swaroop

Admitted

235. PW66/D12 Arrest Memo of Pradeep S/o Ram Phal Admitted236. PW66/D13 Arrest Memo of Vijender S/o Hosihar

SinghAdmitted

237. PW66/D14 Arrest Memo of Hoshiar Singh S/o Mangal Singh

Admitted

238. PW66/D15 Arrest Memo of Ajit Singh S/o Dalip Singh

Admitted

239. PW66/D16 Arrest Memo of Rajender S/o Dhoop Singh

Admitted

240. PW66/D17 Arrest Memo of Surender Kumar S/o Jage Ram

Proved

241. PW66/E Common Disclosure statement of 22 accused

Proved

242. PW66/F Application of Karan Singh Proved243. PW66/E18 Arrest Memo of Rajbir @ Nanha S/o

Mai Chand Admitted

244. PW66/E 19 Arrest Memo of Dinesh S/o Prem Singh Admitted


245. PW66/E 20 Arrest Memo of Viren Singh S/o Yashpal

Admitted

246. PW66/G Seizure memo of MLR, statement of Virbhan and DD No 31 dated 20/4/10

Proved

247. PW66/DX1 Departure and joining Entry Proved248. PW66/CX1 Supplementary statement of Sushil

under Section 161 Cr.P.C.Proved

249. PW67/A1 Arrest memo of Dhamabir S/o Mai Chand

Admitted

250. PW67/A2 Arrest memo of Deepak S/o Krishan Kumar

Admitted

251. PW67/A3 Arrest memo of Vinod Kumar S/o Ram Niwas

Admitted

252. PW67/A4 Arrest memo of Kuldeep S/o Balbir Admitted253. PW67/A5 Arrest memo of Rajender S/o Belu Ram Admitted254. PW67/A6 Arrest memo of Jagdish S/o Baru Ram Admitted255. PW67/A7 Arrest memo of Suresh S/o Balbir Admitted256. PW67/A8 Arrest memo of Rajender S/o Sadhu

RamAdmitted

257. PW67/A9 Arrest memo of Ram Phal S/o Prithvi Singh

Admitted

258. PW67/A10 Arrest memo of Daya S/o Ajeet Admitted259. PW67/A11 Arrest memo of Pradeep S/o Balwan

SinghAdmitted

260. PW67/A12 Arrest memo of Rishi S/o Satbir Admitted261. PW67/A13 Arrest memo of Jasbir S/o Ishwar Singh Admitted262. PW67/A14 Arrest memo of Karampal S/o Satbir Admitted263. PW67/A15 Arrest memo of Sunil Kumar S/o jaivir Admitted264. PW67/A16 Arrest memo of Sumit S/o Satywawan Admitted265. PW67/A17 Arrest Memo of Rajinder S/o Pali Ram Admitted266. PW67/A18 Arrest memo of Joginder @ Joggar S/o

Inder SinghAdmitted

267. PW67/A19 Arrest memo of Rajpal S/o Sheo Chand Admitted


268. PW67/A20 Arrest memo of Jaibir S/o Balbir Admitted269. PW67/A21 Arrest memo of Ramesh @ Mahesha S/o

Dalip SinghAdmitted

270. PW67/A22 Arrest memo of Rupesh S/o Tek Ram Admitted271. PW67/A23 Arrest memo of Bobal @ Langra S/o

Tek RamAdmitted

272. PW67/A24 Arrest memo of Jagdish S/o Lehna Ram Admitted273. PW67/A25 Arrest memo of Tinku @ Pawan S/o

Sewa SinghAdmitted

274. PW67/A26 Arrest memo of Balwan S/o Jai Lal @ Jela

Admitted

275. PW67/A27 Arrest memo of Pradeep S/o Sursh Kumar

Admitted

276. PW67/A28 Arrest memo of Satish @ Sattu S/o Randhir Singh

Admitted

277. PW67/A29 Arrest memo of Pawan Kumar S/o Hoshiar Singh

Admitted

278. PW67/A30 Arrest memo of Jora Singh S/o Balwan Singh

Admitted

279. PW67/A31 Arrest memo of Ved Pal S/o Daya Nand Admitted280. PW67/A32 Arrest memo of Kuldeep S/o Om

PrakashAdmitted

281. PW67/A33 Arrest memo of Juggal @ Joggal S/o Hawa Singh

Admitted

282. PW67/A34 Arrest memo of Nasib S/o Prem Singh Admitted283. PW67/A35 Arrest memo of Pradeep S/o Jaivir Admitted284. PW67/A36 Arrest memo of Pradeep S/o Satbir Admitted285. PW67/A37 Arrest memo of Samsher S/o Rajender Admitted286. PW67/A38 Arrest memo of Rakesh S/o Ramesh Admitted287. PW67/A39 Arrest memo of Jitender S/o Satbir Admitted288. PW67/A40 Arrest memo of Charan Singh S/o Sadhu

RamAdmitted

289. PW67/A41 Arrest memo of Praveen S/o Jagdev @ Jagde

Admitted


290. PW67/A42 Arrest memo of Sandeep S/o Ram Swaroop

Admitted

291. PW67/A43 Arrest memo of Sandeep S/o Rattan Singh

Admitted

292. PW67/A44 Arrest memo of Vikash S/o Sumer Singh @ Sunehra

Admitted

293. PW67/A45 Arrest memo of Ved Pal S/o Karan Singh

Admitted

294. PW67/A46 Arrest memo of Rakesh @ Kala S/o Satyawan

Admitted

295. PW67/A47 Arrest memo of Pawan S/o Rajbir Admitted296. PW67/A48 Arrest memo of Sandeep S/o Raj Kumar Admitted297. PW67/A49 Arrest memo of Monu S/o Suresh Admitted298. PW67/A50 Arrest memo of Amit S/o Satyawan Admitted299. PW67/A51 Arrest memo of Ramesh S/o Karan

SinghAdmitted

300. PW67/A52 Arrest memo of Satta S/o Karan Singh Admitted301. PW67/A53 Arrest memo of Dalbir S/o Tara Chand Admitted302. PW67/A54 Arrest memo of Pradeep S/o Jaivir Admitted303. PW67/A55 Arrest memo of Sanjay @ Sanjeep S/o

AmarAdmitted

304. PW67/A56 Arrest memo of Sunil @ Sheela S/o Bherra

Admitted

305. PW67/A57 Arrest memo of Naveen @ Tina S/o Rajbir

Admitted

306. PW67/A58 Arrest memo of Vinod S/o Jagdev Admitted307. PW67/A59 Arrest memo of Manbir S/o Zile Singh Admitted308. PW67/A60 Arrest memo of Pappu S/o Pyare Lal Admitted309. PW67/A61 Arrest memo of Nakkle @ Rakesh S/o

Amar LalAdmitted

310. PW67/A62 Arrest memo of Vipin S/o Joginder Admitted311. PW67/A63 Arrest memo of Sandeep S/o Mahinder Admitted312. PW67/A64 Arrest memo of Sandeep S/o Joginder Admitted


313. PW67/A65 Arrest memo of Satyawan S/o Rajinder Admitted314. PW67/A66 Arrest memo of Sunil S/o Dayanand Admitted315. PW67/A67 Arrest memo of Rajesh S/o Dhupa Admitted316. PW67/A68 Arrest memo of Baljeet S/o Inder Singh Admitted317. PW67/A69 Arrest memo of Dhola @ Kirshan

Kumar S/o SatyawanAdmitted

318. PW67/A70 Arrest memo of Anoop S/o Dharam Singh

Admitted

319. PW67/A71 Arrest memo of Sandeep S/o Chander Fauji

Admitted

320. PW67/A72 Arrest memo of Lillu @ Jasbir S/o Raja Ram

Admitted

321. PW67/A73 Arrest memo of Krishan S/o Karan Singh

Admitted

322. PW67/A74 Arrest memo of Amir S/oTara Chand Admitted323. PW67/A75 Arrest memo of Anil S/o Prem Singh Admitted324. PW67/A76 Arrest memo of Sonu @ Mandeep S/o

DalbirAdmitted

325. PW67/A77 Arrest memo of Kulvinder S/o Ram Mehar

Admitted

326. PW67/A78 Arrest memo of Sanjay S/o Daya Nand Admitted327. PW67/CX1 Supplementary statement of Gulab

Singh under Section 161 Cr.P.C.Proved

328. PW67/CX2 Supplementary statement of Chanderwati under Section 161 Cr.P.C.

Proved

329. Ex PX1 FSL Report Admitted330. Ex PX2 Notification of commission of Justice

Iqbal Singh (Retd)Admitted

331. Ex PX 3 Cabinet approval of Govt. Service of Amar Lal, Pradeep and Ravinder

Admitted

Documents of defence:332. DW1/A Copy of leave application of accused

Vinod (the then SHO)Proved


333. DW1/B Sanction to prosecute the SHO accused Vinod Kumar

Proved

334. DW2/A Copy of wireless record Proved 335. DW3/A Attendance record of Pradeep S/o Tara

Chand Proved

336. DW4/A Attendance record of Amar S/o Tara Chand

Proved

337. DW5/A DD No 34 copy Proved 338. DW5/B DD No 13 copy Proved 339. DW5/C Copy of DD dated 19/4/2010 Proved 340. DW5/D Copy of DD dated 20/4/2010 Proved 341. DW5/E Copy of DD Dated 21/4/2010 Proved 342. DW5/F Copy of DD dated 22/4/10 Proved 343. DW7/PX1 Statement of Sajna Denied 344. DW8/A Attendance register copy of Rakesh S/o

SatyawanProved

345. DW8/B Memorandum of association Proved 346. DW8/C Copy of registration certificate Proved 347. DW9/A Copy of Attendance of Sunil Dhanda Proved 348. DW9/B Copy of attendance register for Sanjay

DhandaProved

349. DW9/C Copy of attendance register for Vinod S/o Jagdev

Proved

350. DW10/A Copy of attendance register for Manbir S/o Ziley Sjingh

Proved

351. DW12/A Copy of attendance register for Rupesh S/o Tek Ram

Proved

352. DW13/A Affidavit of Karan Singh before inquiry commission at Chandigarh

Proved

353. DW13/B Statement of Karan Singh before the inquiry commission

Proved

354. DW13/PX1 Statement Karan Singh to IO Denied355. DW16/PX1 Statement of Ajmer Denied


356. DW20/PX1 Statement of Ram Niwas Denied357. DW21/PX1 Statement of Dharambir Singh Denied358. DW22/PX1 Statement of Praveen Kumar Denied359. DW23/A Relevant Entry at Main gate (Hoshiyar

Singh S/o Mangal Ram)Denied

360. DW23/PX1 Copy of the Entry Register of Sugar Mill, Jind

Proved

361. DW24/A Copy of attendance register for Sandeep S/o Raj Kumar

Denied

362. DW25/A Copy of Attendance register for Pradeep S/o Jagbir

Proved

363. DW26/A Prescription slip of Ajeet Proved 364. DW26/B Treatment slip of Ajeet Proved 365. DW26/C Prescription slip of Kuldeep Proved 366. DW26/D Treatment slip of Kuldeep Proved 367. DW26/E Prescription slip of Viren Proved 368. DW26/F Treatment slip of Viren Proved 369. DW26/G Copy of OPD Register Proved 370. DW27/ A Medical Certificate of Suresh S/o Balbir

for Physical disability Proved

371. DW28/A Receipt regarding the sale of the chicks Proved 372. DW29/A Certificate issued by the bank regarding

the sanction of the loanProved

373. DW30/A Affidavit of Sanjay S/o Gulab Singh to Commission

Proved

374. DW30/B Statement of Sanjay S/o Gulab Singh to Commission

Proved

375. DW30/C Statement of Dilbagh S/o Gulab Singh to Commission

Proved

376. DW31/A Copy of the patta/Lease register for 2007

Proved

377. DW31/B Copy of patta/lease register for 2009 Proved


378. DW32/A Bed head ticket of Dinesh S/o Prem Singh

Proved

379. DW32/B Attendance record of Suman (MPHW-F) Proved 380. DW32/C Joining certificate of Suman (MPHW-F) Proved 381. DW34/A Customer application Form of

Rajender S/o PaleProved

382. DW34/B Copy of election identity card Rajender S/o Pale

Proved

383. DW34/C Call Details in respect of mobile no. 9812628500 (Rajender S/o Pale)

Proved

384. DW 34/D Customer application form of Sandeep S/o Mahender Singh

Proved

385. DW34/E Copy of election identity card of Sandeep S/o Mahender Singh

Proved

386. DW34/F Call details in respect of mobile no. 9540151131 (Sandeep S/o Mahender Singh)

Proved

387. DW34/G Authorization letter in favour of Pawan Singh

Proved

388. DW34/H Certificate of U/s 65B Indian Evidence Act

Proved

389. DW35/A Customer application form of Vinod Kumar

Proved

390. DW35/B Call detail record accused Vinod Kumar Proved 391. DW38/A Copy of list of the compensation

provided to the victims/families Admitted

392. DW39/A Copy of attendance register for Suman (MPHW-F)

Proved

393. DW42/A Authorization letter in favour of Deepak Kumar

Proved

394. DW42/B Call detail record in respect of mobile no. 9812628500 (Rajender S/o Satpal Singh)

Proved

395. DW42/C Certificate of U/S 65B of Indian Evidence Act

Proved


396. DW42/D Cell ID Chart of Idea Cellular Proved 397. DW43/A Copy of customer application form

Sanjay S/o Daya NandProved

398. DW43/B Copy of customer application form Rajinder S/o Satpal

Proved

399. DW43/C Copy of customer application form Jitender Singh

Proved

400. DW43/D Communication From DE (B & CCS) CMTS

Proved

401. CW1/C Statement of Amar Lal on 27/6/2011 Proved 402. CW1/D Statement of Amar Lal on 27/7/2011 Proved 403. CW1/DX1 Affidavit of Amar Lal Proved 404. CW1/DX2 Statement of Amar Lal without date Proved

Spot inspection by the Court:On 26.2.2011 in terms of the provisions of Section 310

Cr.P.C. this Court in order to properly appreciating the evidence on

record conducted a Spot Inspection of village Mirchpur in the presence

of Deputy Commissioner, Superintendent of Police, Deputy

Superintendent of Police, counsels for the both the victims and the

accused. Various places including the police station Narnaund, office of

the Revenue Officer (Tehsildar), Main gali of the village Mirchpur where

earlier the incident dated 19.4.2010 had occurred and also the spot from

which the rioting commenced on 21.4.2010. The Chaupals that is both

the 'J' Chaupal and 'B' Chaupal, the water tank (diggi), Houses of Karan

Singh, Veer Bhan, Tara Chand, Kamla, Chander Bhan, Nawab, Pawan,

Satpal, Bane Singh, Rajender, Manoj, Ram Niwas, Rajmal and Rajesh

many of whom were situated on the main gali and some in the adjoining

galis as shown in the site plan were also inspected. During the spot


inspection this Court carried with it a site plan prepared by the

Investigating Officer (present on the Court record) and after comparison

of the same with the spot, found the site plan to be factually correct.

The Court further observed that the distance between Hansi

Rest House adjoining the Court of Judicial Magistrate Hansi and Police

Station Narnaund was 25 kilometers and it took about 30 minutes to

reach the Police Station. Further, the distance between Police Station

Narnaund and the office of Tehsildar (accused Jage Ram who has been

discharged earlier) was 1.5 kilometers and it took hardly 3-5 minutes to

reach the same. The distance between the Revenue Office of Tehsildar

and the village Mirchpur was 17 kilometers and it took about 25 minutes

to reach village Mirchpur. It is evident that village Mirchpur is 30

minutes away from Police Station Narnaund in case if there is no

obstruction. This Court was also informed that village Mirchpur was the

last village on the boarder of district Hissar after which the jurisdiction

falls within district Jind. While returning the route taken was through

City Hissar and it was observed by the Court that it took about 40-45

minutes to reach Hissar City uninterruptedly. It is evident that the

minimum time taken by road for any reinforcement/ assistance to reach

village Mirchpur from Hissar City would be 40-45 minutes which could

be more in case if there is some obstruction. On the way back this Court

was also informed that at many places on the route where the road was

single there is a frequent problem of a traffic jam and even on the date of

the incident on account of a large number of vehicles of fire brigade and

ambulances coming towards the village there was a traffic jam as a result

of which there was a delay in rushing many of the injured (including

Tara Chand) referred to Hissar Hospital.


CHARGES:

On 10.3.2011 this court has settled the charges under

Sections 120-B, 302, 147, 148, 149, 323, 325, 395, 397, 427, 435, 436,

449, 450, 452 Indian Penal Code and additional charge under Section

3 (1) (x), (xv) , 3 (2) (iii), (iv) (v) of the Scheduled Caste/ Scheduled

Tribes (Prevention of Atrocities) Act, 1989 against the accused (1)

Dharambir S/o Sh. Tara Chand, (2) Pawan S/o Sh. Ram Mahar, (3)

Karambir S/o Sh. Tara Chand, (4) Joginder @ Jogar S/o Sh. Bhim

Singh, (5) Dalbir S/o Sh. Dalip Singh, (6) Balwan S/o Sh. Inder Singh,

(7) Satyawan S/o Sh. Tara Chand, (8) Jaibir S/o Sh. Mnaphool, (9) Ajit

S/o Sh. Sukhbir, (10) Balwan S/o Sh. Dharmabir, (11) Rajbir @ Nanha

S/o Sh. Mai Chand, (12) Viren S/o Sh. Yashpal, (13) Dharambir S/o Sh.

Mai Chand, (14) Deepak @ Sonu S/o Sh. Krishan @ Pappu, (15)

Kuldeep @ Midda S/o Sh.Balbir, (16) Rajinder S/o Sh. Balu, (17)

Jagdish @ Hathi S/o Sh. Baru Ram, (18) Suresh Kumar S/o Sh. Balbir,

(19) Rajinder Kr. S/o Sh. Sadhu Ram, (20) Ramphal S/o Sh. Prithvi, (21)

Daya Singh S/o Sh. Jeet Singh, (22) Pardeep S/o Sh. Balwan, (23) Rishi

S/o Sh. Satbir, (24) Jasbir S/o Sh. Ishwar, (25) Karampal S/o Sh. Satbir,

(26) Sunil @ Sonu S/o Sh. Jasbir, (27) Sumit S/o Sh. Satyawan, (28)

Pardeep S/o Sh. Ramphal, (29) Roshan Lal S/o Sh. Ram Swarup, (30)

Surender S/o Sh. Jagda, (31) Hoshiar Singh S/o Sh. Mang, (32) Ajit S/o

Sh. Dalip, (33) Rajinder S/o Sh. Dhup Singh, (34) Rajinder S/o Sh. Pali,

(35) Vijender S/o Sh. Hoshiar Singh, (36) Dinesh S/o Sh. Prem, (37)

Kulvinder S/o Sh. Ram Mahar, (38) Monu S/o Sh. Suresh, (39) Amit S/o

Sh. Satyawan, (40) Sunil S/o Sh. Daya Nand, (41) Baljeet S/o Sh. Inder,

(42) Rajesh S/o Sh. Dupa, (43) Ramesh S/o Sh. Karan Singh, (44) Ameer

S/o Sh. Tara, (45) Anil S/o Sh. Prem Singh, (46) Balwan S/o Sh. Jeela,


(47) Charan S/o Sh. Sadhu Ram, (48) Anup S/o Sh. Dharma, (49) Dalbir

S/o Sh. Tara, (50) Krishan Kr. @ Dhaula S/o Sh. Satyawan, (51) Jogal @

Doger S/o Sh. Hawa Singh, (52) Jitender S/o Sh. Satbir, (53) Jora Singh

S/o Sh. Balwan, (54) Rakesh @ Kala S/o Sh. Satyawan, (55) Krishan S/o

Sh. Karan Singh, (56) Kuldeep S/o Sh. Om Prakash, (57) Jasbir @ Lillu

S/o Sh.Raja, (58) Manbir S/o Sh. Jile Singh, (59) Nasib S/o Sh. Prem

Singh, (60) Rakesh @ Nikle S/o Sh. Amarlal @ Lala Ram, (61) Pappu

S/o Sh. Pyara, (62) Pradeep S/o Sh. Jagbir, (63) Pradeep S/o Sh. Jaibir,

(64) Pradeep S/o Sh. Satbir, (65) Pradeep S/o Sh. Suresh, (66) Praveen

S/o Sh. Jagdev, (67) Pawan S/o Sh. Hoshiar Singh, (68) Pawan S/o Sh.

Rajbir, (69) Sandeep S/o Sh. Mahinder Singh, (70) Sandeep S/o Sh. Raj

Kumar, (71) Sandeep S/o Sh. Ram Swarup, (72) Sandeep S/o Sh. Rattan

Singh, (73) Sandeep S/o Sh. Joginder, (74) Sandeep @ Langra S/o Sh.

Chander, (75) Sanjay @ Sanjeep S/o Sh. Amar Lal, (76) Sanjay Handa

S/o Sh. Daya Nand, (77) Satta Singh S/o Sh. Karan Singh, (78) Sattu

Singh S/o Sh. Randhir Master, (79) Satyawan S/o Sh. Rajinder, (80)

Shamsher S/o Sh. Rajinder, (81) Sheela @ Sunil S/o Sh. Bira, (82) Sonu

@ Monu S/o Sh. Ramesh, (83) Mandeep @ Sonu S/o Sh. Dalbir, (84)

Naveen @ Tina S/o Sh. Rajbir, (85) Vedpal @ Bedoo S/o Sh. Karan

Singh, (86) Vikash S/o Sh. Sunehera @ Sumer Singh, (87) Vipin S/o Sh.

Joginder Singh, (88) Jokhar @ Joginder S/o Sh. Inder Singh, (89) Rajpal

S/o Sh. Sheo Chand, (90) Jaibir S/o Sh. Balbir, (91) Ramesh @ Mahesh

S/o Sh. Dalip Singh, (92) Rupesh S/o Sh. Tek Chand, (93) Bobal @

Langra S/o Sh. Tek Chand, (94) Jagdish @ Jangla S/o Sh. Lakshman,

(95) Pawan @ Tinku S/o Sh. Sewa Ram and (96) Vinod S/o Sh. Jagdeep.

Further, charges under Sections 120-B, 302, 147, 148, 149,

323, 325, 395, 397, 427, 435, 436, 449, 450, 452 Indian Penal Code


and Section 4 of the Scheduled Caste/ Scheduled Tribes (Prevention

of Atrocities) Act, 1989 were also settled against the accused (97) Vinod

S/o Ram Niwas. I may observe that initially charge under Section 216

Indian Penal Code was settled against the accused (98) Vedpal S/o

Dayanand (on bail) but later on account of the testimony of the

prosecution witnesses the said charges were amended/ modified and the

charge under Sections 120B, 302, 147, 148, 149, 323, 325, 395, 397,

427, 435, 436, 449, 450, 452 Indian Penal Code and additional charge

under Section 3 (1) (x), (xv) , 3 (2) (iii), (iv) (v) of the Scheduled Caste/

Scheduled Tribes (Prevention of Atrocities) Act, 1989 was also framed

against him on 19.5.2011. All the accused pleaded not guilty and

claimed trial.

Facts admitted or not disputed by the prosecution/ victims and the defence:

The following facts have not been disputed by the parties:

That there is a mixed population in the village Mirchpur and

persons belonging to all castes are residing in the village.

That the 'B' Basti is situated in the out skirt of the village.

That there are houses belonging to the members of 'B' community

and 'J' community in the main gali but initially there are houses

belonging to the members of 'B' community situated on one side

and as one goes ahead, the houses of members of 'J' community

are situated.

That in the main gali which is known as Subha Satha Fauji Gali,

the houses of members of 'J' community are situated on one side


and the houses belonging to the members of 'B' community are

situated on the other side.

That in order to reach the fields all residents of the village have to

pass through this mail gali known as Subha Satha Fauji Gali.

That accused Rajender S/o Pale is running a milk dairy and used to

supply the milk in the village including the 'B' Basti of village

Mirchpur.

That on the date of incident i.e. 21.4.2010 there was an arson in

the village Mirchpur in which the houses belonging to the

members of 'B' community were burnt.

That Tara Chand and his daughter Suman were burnt to death in

the incident.

That Ved Pal Tanwar a political leader and a resident of Hissar has

political ambitions and is running a Gair Jat Sangathan and

contests elections.

That after the incident about 200-250 members of 'B' community

left the village and started residing at the Farm House of Ved Pal

Tanwar at Hissar.

CASES REFERRED:

By the Prosecution/victims:

1. Abdul Sayeed -vs- State of Madhya Pradesh, (2010) 10 Supreme

Court Cases 259.

2. Rafique -vs- State of Madhya Pradesh, (Criminal Appeal No.1399/2008).

3. Rais @ Toun & Ors. -vs- State Madhya Pradesh (Criminal Appeal No. 1363-65/2010) (before P. Sathasivam and Dr.B. S. Chauhan, JJ).


4. C. Muniappan & Ors. -vs- State of Tamil Nadu and D. K.Rajendran & Ors.

-vs- State of Tamil Nadu, (2010) 9 Supreme Court Cases 567.

5. Abu Thakir and Others -vs- State of Tamilnadu (2010) 5 Supreme Court

Cases 91.

6. Prathap and Another -vs- State of Kerala, (2010) Supreme Courts Cases

79.

7. Dilpesh BalChandra Panchal -vs- State of Gujrat, (2010) 11 Supreme

Courts Cases, 714.

8. Sangappa Sanganabasappa M . and Others -vs- State of Karnataka and

Others, 2010 (11) SCC 782.

9. Balraje Alias Trimbak -vs- State of Maharashtra, (2010) 6 Supreme

Court Cases 673.

10. Moniruddin Ahmed Alias Lalu Dealer and Others -vs- State of West

Bengal, (2010) 12 Supreme Courts Cases 238.

11. Dhan Singh -vs- State of Haryana, (2010) 12 Supreme Court Cases 277.12. Amit Kumar & Anr. -vs- State of Punjab, (2010) 12 Supreme Court Cases

285.

13. Adalat Pandit & Anr. -vs- State of Bihar, (2010) 6 Supreme Court Cases

469.

14. Punjab & Haryana High Court -vs- Megh Raj Garg & Anr., (2010) 6

Supreme Court Cases 482.

15. Neeta Rakesh Jain -vs- Rakesh Jeetmal Jain, (2010) 12 Supreme Court

Cases 242.

16. Sambhu Das @ Bijoy Das & Anr. -vs- State of Assam, (2010) 10 (Supreme

Court Cases) 374.

17. Sushila Chemical Private Ltd. & Anr. -vs- Bharat Coking Coal Ltd. & Ors.,

(2010) 10 Supreme Court Cases 388.

18. Sunder Singh -vs- State of Uttaranchal, (2010) 10 Supreme Court Cases

611.

19. Surendra Pal and Ors. -vs- State of Uttar Pradesh & Anr. (2010) 9 Supreme Court Cases 399.


20. Dharnidhar -vs- State of Uttar Pradesh, (2010) 7 Supreme Court Cases

759.

21. Rasid Javed & Ors. -vs- State of Uttar Pradesh, (2010) 7 Supreme Court

Cases 781.

22. Mulla & Anr. -vs- State of Uttar Pradesh, (2010) 3 Supreme Court Cases 508.

23. State of Uttar Pradesh -vs- Ram Sanjivan & Ors., (2010) 1 Supreme Court

Cases 529.

24. Lehna -vs- State of Haryana, (2002) 3 Supreme Court Cases 76.

25. State of U.P. -vs- Jagdeo & Ors., (2003) 1 SCC 456.

26. State of Rajasthan -vs- Abdul Mannan, MANU/SC/0764/2011.

27. State of U.P. -vs- Mohd. Iqram & Anr., MANU/SC/0699/2011.

28. Kannan & Ors. -vs- State of Tamil Nadu, 1989 Supp (1) SCC 81.

29. State of U. P. -vs- Dan Singh 7 Ors., (1997) 3 SCC 747.

30. Swaran Singh & Ors. -vs- State, (2008) 8 SCC 435.

31. Arumugam Servai -vs- State of Tamil Nadu, 2011 (4) SCALE, 756.

By the Accused:

1. Dilavar Hussain -vs- State of Gujarat, 1991, Supreme Court Cases (Cri) :

163 (1991) 1 SCC 253.

2. Musa Khan & Others -vs- State of Maharasthra, 1977 SCC (Cri) 164.

3. Tej Singh & Anr. -vs- State of Rajasthan (1995 Cri. L. J. 1944) Rajasthan

High Court.

4. Ram Prasad Meena -vs- State of Rajasthan I (1995) CCR 795 (DB),

Rajasthan High Court.

5. Ramappa Halappa Pujar & Ors -vs- State of Karnataka, Cri. Appeal No.

1344 of 2005 (Date of decision 27.4.2007).

6. State of Maharashtra -vs- Ahmed Shaikh Babjan & Ors (Cri Appeal 25-29 of 2002, date of decision 24.10.2008).

7. Din Dayal -vs- Raj Kumar @ Raju & Ors., 1999 CRI. LJ, 467 Supreme

Court.


8. Ram Swarup and Others, -vs- State of U. P., 1990 Cri. LJ 511 : (1989)

All L. J. 1.

9. Kanwarpal & Another -vs- State of M. P., AIR 2002 Supreme Court 3690.

11. State (Delhi Administration) -vs- V. C. Shukla, AIR 1980 Supreme Court,

1382.

12. Yudhistir -vs- State of Madhya Pradesh, 1971 SCC (Cri) 684.

13. Mukteshwar Rai & Ors. -vs- State of Bihar, and Bhola Rai Kurmi & Ors. -vs- State of Bihar, 1992 SCC (Cri) 349 : 1992 Supp (1) SCC 727.

14. State of U.P. -vs- Munni Ram & Ors., 2010 (12) JT 180.

15. Ram Prasad Meena -vs- State of Rajasthan, I (1996) CCR 795 (DB).

16. Din Dayal -vs- Raj Kumar @ Raju, 1999, Cri. LJ 467.

17. Ashok Pandurang Jadhav -vs- State of Maharashtra,Crl. Appeal

No.372/2009, decided on 06.05.2011.

18. State of Andhra Pradesh -vs- Rayaneedi Sitharamaiah & Ors., (2010) 4

SCC (Cri): (2008) 16 Supreme Court Cases, 179.

19. Bijoy Singh -vs- State of Bihar, Supreme Court, Crl. Appeal 1339-

1340/1999, decided on 17.4.2002.

20. Pandurang Chandrakant Mhatre -vs- State of Maharashtra, AIR 2010 SC

(Supp) 204.

21. Ram Chander -vs- State of Haryana, 1981 Supreme Court 1036 = 1981

Cri LJ 609.

22. Ramvilas & Ors -vs- State of Madhya Pradesh, 1985, Cri. LJ 1773.

23. Dashrath -vs- State of Karnataka, 2011 Cri. LJ 220, Karnataka High

Court, Crl. Appeal No. 2243 of 2006, D/-9.10.2009.

24. Nallapati Sivaiah -vs- Sub-Divisonal Officer, Guntur, A. P. AIR 2008

Supreme Court 19.

25. State of Maharashtra -vs- Rajendra Jawanmal Gandhi etc., AIR 1997,

Supreme Court 3986 (1).

26. Kamaksha Rai and Ors -vs- State of U.P., (2000 Cri LJ 178 SC).

27. Tej Ram & Anr. -vs- State of Rajasthan, 1995 Cri, LJ 1944.


28. Kishore Chand -vs- State of Himachal Pradesh, 1991 SCC (Cri) 172 (1991)

1 SCC 286.

29. U. N. R. Rao -vs- M. Shanmugavel, 1977 SCC (Cri) 172.

30. Mohamed I. Unjawala and etc. -vs- Assistant Commissioner of Income Tax,

City Circle VI (1) Madras, 1995 Cri.LJ 1949.

31. Fakir Chand Behera & Anr. -vs- Narayan Nayak & Ors., I (1995) CCR

810.

32. Shyam Babu -vs- State of Haryana, AIR 2009 Supreme Court 577.

33. Sadaram -vs- State of Madhya Pradesh, 1971 SCC (Cri) 691.

34. Munna Lal -vs- State, II (1997) CCR 597 (DB)

35. Dhanno Bai & Ors. -vs- Kanhaiyalal Sansi & Ors., II (1997) CCR 605.

36. Raju @ Rajender -vs- State of Maharashtra, 1998 SCC (Cri) 296.

37. State of Orissa -vs- Thakara Besra, (SC) 550, Cri. Appeal No. 533/1994, decided on 16.4.2002.

38. Rameshwar Singh -vs- State of Jammu & Kashmir, 1971 SCC (Cri) 638.

39. Mrs. Shakila Khader etc. -vs- Nausher Gama & Anr., AIR 1975 Supreme

Court 1324 (1).

40. Parmod Kumar -vs- State, Delhi High Court, 1990 (3) 292.

41. Sewa Ram & Ors. -vs- State of Punjab, RCR, 1990 (3)1.

42. Nisar Ali -vs- State of UP, (S), AIR 1957 SC 366 (V 44 C 55 May).

43. K. N. Mehra -vs- State of Rajasthan, (S), AIR 1957 SC 369 (V 44 C 56

May).

44. Varkey Joseph -vs- State of Kerala, 1993 SCC (Cri) 1117.

45. Navalshankar Ishwarlal Dave & Anr. -vs- State of Gujarat & Ors., 1993

(SCC) Cri 1126.

46. Aqeel Ahmad -vs- State of U.P., (2010 (4) SCC (Cri) 11: (2008) 16 SCC

372.

47. State of Karnataka -vs- K. Yarappa Reddy, 2000 (SCC) Cri,. 61.48. P. V. Radha Krishna & Ors. -vs- M. Bhaskar Reddy & Ors., AIR 2010 SC

(Supp) 211.

49. State (Delhi Administration) -vs- Laxman Kumar & Ors, AIR 1986 SC 250.


PROSECUTION EVIDENCE:

In order to prove its case the prosecution has examined as

many as 67 witnesses. Out of the eighty two cited eye witnesses it has

examined forty three eye witnesses out of which twenty one have been

declared hostile. Further, out of the sixty seven witnesses so examined,

fourteen witnesses are formal witnesses and four witnesses are those

who were involved with investigations of the case.

Public witnesses/ victims / injured:PW7 Yogesh Kumar aged 26 years is the son of Jai Parkash

and is a resident of village Mirchpur and is a labour by profession. This

witness has not supported the case of the prosecution qua the incident

dated 21.4.2010 and has also not supported his statement made to the

police under Section 161 Cr.P.C. which is Ex.PW7/PX1. This witness

has turned hostile both on the incident dated 21.4.2010 and the identity

of the accused. According to him, he had seen large crowd in the gali

and when he came out he was hit with the stone on the leg and feeling

scared he returned to his house. He has however admitted that he got his

medical conducted from the doctor who had come to the village on

30.4.2010 since he had received a stone injury when he had come out of

the house after which he immediately went back. I may observe that this

witness Yogesh is the nephew of Karan Singh the complainant who is

also stated to be the eye witnesses to the incident dated 19.4.2010 being

involved in the quarrel with the boys belonging to 'J' community. He has

not supported the prosecution case on both the incidents dated 19.4.2010

or with regard to the identity of the accused in respect of the incident

dated 21.4.2010.


PW8 Ram Phal aged 62 years is the son of late Sh. Rishala,

and is a resident of village Mirchpur. He was previously a wrestler and

presently he is giving tuition's to the children in the village. This witness

has stated that he did not see anything happening since he had gone to

the playground for giving coaching. He has not supported his earlier

statement made to the police under Section 161 Cr.PC which is

Ex.PW8/PX1 and has not identified any of the accused in the court and

has turned hostile on the same. He has also stated that he did not receive

any injury but admits that his medical was conducted on 30.4.2010 and

the explanation he has offered for the same is that since everybody in the

village was getting medical conducted therefore he also got his medical

conducted. He has admitted having received a compensation on the basis

of the said medical report and justified the same by stating that

everybody was getting the same so he also received.

PW9 Ms. Bindu aged 8-9 years is the daughter of Suresh

and a resident of village Mirchpur was called to the court by the

prosecution and submitted for examination but it was observed by the

court that despite being put various questions in vernacular she did not

say anything. She also did not understand the sanctity of oath and

therefore, her examination had to be dispensed with on the request of the

prosecution.

PW10 Rajbir aged 30 years is the son of Baje Singh and is

also a resident of the village Mirchpur. He is totally illiterate and is a

labour on daily wages doing the work of mason. This witness in his

examination in chief has not mentioned about the incident dated

19.4.2010 though he has made a causal reference to the same. In so far

as the incident dated 21.4.2010 is concerned he has deposed that on the


said date the persons belonging to 'J' community had got together and

come to the 'B' Mohalla duly armed with jellies, lathies, oil containers

and did mar pitai and also used abuses stating chooreya nu jala do

and while using such abuses pelted stones. According to the witness

300-400 persons from 'J' community had come and had burnt houses of

Tara, Dhupa and large number of other persons belonging to the 'B'

community but he can only recognize the son of Pale whose name he is

not aware and one boy whose name is Petla. He has also stated that in

this incident he had received brick injuries on his ankle and his medical

was conducted on 30.04.2010 and his MLR is Mark M1 (later on

Ex.PW59/A after it was proved by Dr. Pale Ram). It was on a specific

query by the court that the witness admitted that he had received a

compensation to the tune of Rs.25,000/- from the Government. Further

when all the accused were specifically put to the witness for

identification, he could only identify Rajender S/o Pale by putting his

hand on the accused but not by his name despite having specifically

named him earlier. However, he could not identify the accused Petla

when put to him.

In his cross-examination the witness has stated that the

police did not record his statement on 21.4.2010 but had only made

inquiries from him but later on stated that the police had made inquiries

from him on 30.4.2010 and not on 21.4.2010 and the police officer who

was making inquiries from him was also writing down what he was

saying. According to the witness, he had informed the police officer

recording his statement all that he has stated in the court but when

confronted with his statement made to the police under Section 161

Cr.P.C. which is Ex.PW10/DX1 the facts as stated by him in his


examination in chief regarding the dispute between the parties on a she-

dog of Jai Parkash and the accused having come with jellies, lathies and

oil containers and having made caste related remarks, were not so

recorded. The witness has denied that he had named two boys on

tutoring or that Rajender S/o Pale is not the same person whom he had

seen at the time of rioting and had insisted that Rajender was one of the

assailants.

The Ld. Defence counsel has cross-examined this witness at

length. The witness has on the suggestion of the Ld. Defence Counsel

stated that he is not aware if on 21.4.2010 Rajender was going to his

fields on his cart/ buggi in the morning along with one Karam Pal and a

large number of boys belonging to the 'B' community got together and

had given a beating to Rajender and Karam Pal due to which reason the

incident got aggravated and there was stone pelting from both the sides.

He has denied that the boys belonging to 'B' community were in fact the

first aggressors and in order to create false evidence they had themselves

set fire to their properties and the accused had nothing to do with the

incident but has admitted that there was stone pelting from both the side

which lasted for about one and a half hour.

This witness has however admitted that a complaint had

been made to the senior police officers but he is not aware of the

contents of the same and whether the senior police officers were told that

the boys of the 'B' community had made the first aggression which

complaint was later on changed by the senior police officers. He has

denied that he was not present in the village on the date of incident.

PW11 Smt. Madho aged between 65-70 years is the wife of

Tek Ram and is a resident of village Mirchpur. She has not supported the


case of prosecution with regard to the incident dated 21.4.2010 and also

with regard to her statement made to the police under Section 161 Cr.P.C.

which is Ex.PW11/PX1 and on the identity of the accused she has

turned hostile. According to the witness, she was inside the house at the

time of incident and she came to know that a quarrel was going on and

stones were being pelted. She has neither identified any of the accused

nor she has admitted her earlier statement and has denied having named

any of the accused in her statement made to the police or that she had

told the Investigating Officer that in this incident dated 21.4.2010 houses

of large number of members of 'B' community were damaged and burnt.

PW12 Smt. Murti Devi aged 54 yeas is the wife of Karan

Singh (the complainant in the present FIR) and is a resident of village

Mirchpur. She has not supported the case of the prosecution in respect of

the incident dated 21.4.2010, with regard to the statement made by her to

the police under Section 161 Cr.PC which is Ex.PW12/PX1 and also on

the aspect of identity of the assailants on which she has turned

completely hostile. According to her, on the date of incident i.e.

21.4.2010, there was stone pelting in the village in which she received

injury on her arm but she was staying inside her house when the stones

which were being pelted out side her house, hit her arm but has stated

that she did not see anything. She however admits that she had gone to

get her medical conducted on 22.4.2010. She has denied her statement

made and has not identified any of the accused in the court and has also

stated that she cannot tell the community to which the aggressors belong.

PW13 Smt. Sunita aged 29 years has deposed that is the

wife of Ved and is a resident of village Mirchpur and is a labour on daily

wages. At the time when her deposition was recorded in the court she


was residing at Ved Pal Tanwar Farm House. At the very outset before

starting to analyze the statement of this witness I may observe that the

actual name of this witness is Kanta and not Sunita and she has wrongly

deposed by claiming herself to be Sunita. In fact it is also observed by

this court that she has wrongly shown the MLR of her son Sunil aged 10

years as her own MLR vide Ex.PW13/A bearing her thumb impressions.

When this witness was cross-examined by the defence with regard to her

identity she stated that she was also known as Kanta but insisted that her

real name was Sunita which name was present on all the documents

including ration card, election card etc. When asked to produce the

proof thereof she did not do so. Rather, later when her mother in law

Kela was examined as PW20 it was she who produced her election card

and informed the court that Sunita the present witness was in fact her

daughter in law Kanta. This establishes that Kanta has impersonated

herself as Sunita and has deposed as such.

Though in her examination in chief she has deposed

regarding the incident dated 19.4.2010 but it is evident from her cross-

examination that it is on the basis of hearsay and she is not an eye

witness to the incident. She has admitted that on 19.4.2010 at the time of

the incident she was working at the Bhatta of Suresh and therefore, under

these circumstances her testimony to this extent is inadmissible.

Further, she has also testified that on the next day that is 20.4.2010 the

persons belonging to the 'J' community had called for their Panchayat.

Further, according to the witness on 21.4.2010 around 500-600 persons

belonging to the 'J' community came to the 'B' Mohalla at about 8:00 AM

and started pelting stones and there was arson which went on for about

three hours and at around 11 AM these persons started putting fire.


According to her, the said persons had containers filled with oil and

bullock-carts filled with stones and they first set the house of Suman on

fire in which the whole house was burnt including the father and the

daughter namely Tara Chand and Suman. She has also deposed that the

SHO Police Station Narnaund and other police officers had come at

about 10:00 AM in four-five vehicles also partic

mirchpur case a landmark judgement for dalit

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