New Delhi: Fifteen out of 97 men belonging
to dominant Jat community were convicted on Saturday by a Delhi
court in a case of burning alive of a 70-year-old Dalit man
and his physically-challenged daughter at Mirchpur village of
Haryana`s Hisar district last year.
Additional Sessions Judge Kamini Lau, however, held none
of the 15 convicts guilty of murdering the father-daughter
duo, relying on the dying declaration of the deceased Tara
Chand who had denied he was set ablaze after having been
doused with petrol or kerosene oil. The forensic reports too
supported his dying declaration.
The court acquitted 82 accused saying the allegations
levelled against them were not proved beyond reasonable doubt.
For setting ablaze Tara Chand`s house, which resulted in
burning alive of the father-daughter duo on April 21, 2010,
after a dispute between Jat and Dalit community of the
village, the court convicted Kulwinder, Ramphal and Rajender
on charges of committing unintetional killing under Section
304 of the Indian Penal Code.
"Tara Chand in his dying declaration to the judicial
magistrate does not say that petrol or oil was sprinkled on
him, which corroborates the medical evidence and FSL report
which shows absence of kerosene, petrol or diesel.
"Therefore, the oral testimonies of Pradeep, Kamal and
Amar Lal (prosecution witnesses) to the extent that oil or
petrol was sprinkled on them is liable to be rejected, more so
as it does not find support from the circumstantial, medical
and forensic evidence present on record," the judge said.