Samatha India

(Siddhartha Kumar)

Source: www.dnaindia.com

Khairlanji Dalit massacre nears judgment day
Jaideep Hardikar
Monday, August 18, 2008 04:17 IST
NAGPUR; The Khairlanji Dalit massacre case has entered a crucial
phase. The prosecution, which started its final arguments before a
special trial court in Bhandara on Thursday, will conclude them on
Tuesday, setting the stage for the court’s verdict.
Eleven people are accused of murdering four members of a Dalit family
— Surekha Bhotmange, 45, and her three children, Sudhir, Roshan and
Priyanka — on the evening of September 29, 2006, in Khairlanji. After
the killing, the state witnessed major protests from Dalit groups, who
alleged inaction by the police.
The defence said there was no clarity on the motive for the killing.
In its concluding arguments, the prosecution admitted to a lack of
“direct evidence” against the accused. However, there were
“circumstances to derive irresistible inference of a criminal
conspiracy”, it said.
“We have to accept many things by irresistible inference based on
circumstances, in the criminal jurisprudence, ” special public
prosecutor (SPP) Ujjwal Nikam said in his final arguments. “All men
are mortal; all kings are men; so the inference is all kings are
mortal,” he said to explain what he called ’syllogism’.
Extending the CBI counsel Ejaz Khan’s arguments last week, Nikam told
the court that the accused, who belonged to the dominant group in the
village, had “liquidated” the Bhotmanges, who were from a minority
community, because of caste hatred.
Nikam narrated the incidents that led to the alleged murders.
Siddharth Gajbhiye, an influential landlord from a neighbouring
village and a close friend of the Bhotmanges, was assaulted by some
villagers on September 3, 2006, he said.
Surekha Bhotmange had named the assailants in her police complaint.
The people accused of the assault were presented before a court at
Mohadi town nearby.
The court released them on bail since the police hadn’t made a case
under the Atrocities Act, which would have entailed police custody.
After their release on September 29, they allegedly looked for
Siddharth and his brother Rajan, but failing to trace them, they
turned to the Bhotmanges and allegedly killed Surekha and her three
children, Nikam said.
Intriguingly, Siddharth Gajbhiye’s testimony before the court during
cross-examination over the assault on him had an adverse impact on the
case. He said he was assaulted by a few villagers but stopped short of
taking any name.
Nikam pointed out to the court that seven of the 11 accused in the
Khairlanji murder case were also accused of assaulting Gajbhiye on
September 3.
He also pointed out that Surekha’s husband Bhaiyyalal Bhotmange had
stated that the family had become socio-economic outcast in the
village.
The trial court may deliver its verdict before September 29, the
second anniversary of the infamous incident.