This is Indiia : 'Murdered' man returns home, 3 accused get bail

Discussion in 'Politics & Society' started by Sabir, Nov 5, 2011.

  1. Sabir

    Sabir DFI TEAM Senior Member

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    NEW DELHI: A man who was supposed to have been murdered walked back to his village in Uttar Pradesh but not before three persons accused of killing him had spent 10 years in prison after being convicted under Section 302 of Indian Penal Code and sentenced to life imprisonment by a trial court: an order that was upheld by the Allahabad High Court.

    The shocking case, highlighting the inadequacies of the system of judicial administration, was narrated on Friday to the Supreme Court, leading a bench of Justices R M Lodha and H L Gokhale to immediately order release of the three "murderers" on bail.

    Raising the plight of the trio, amicus curiae Manohar Singh Bakshi said the Mauranipur police in Jhansi district had registered a case under Section 302 against juvenile Rameshwar, his father Mohan and uncle Dal Chand on August 2, 2000, for the alleged murder of one Bhagwan Dass.

    During the trial, the accused persons' repeated plea that they were falsely implicated in the case fell on deaf ears. But it was revealed that an influential person in the village wanted to kill two birds with one stone and devised this ingenious method to implicate Rameshwar's family in the murder of Bhagwan Dass, who fled the village to Himachal Pradesh to work in the shop of a grain merchant. The influential person allegedly took over the land owned by both families.

    A Jhansi sessions court on February 10, 2003, convicted Rameshwar, his father and uncle allegedly ignoring Rameshwar's plea that he was a juvenile at the time of the alleged crime. The HC dismissed their appeals on October 26, 2009, confirming the life sentence awarded to them.

    In December last year, Bhagwan Dass made a dramatic appearance and gave a statement before the police, public and press. Bakshi told the court that it was a travesty of justice that innocent persons were convicted and made to undergo imprisonment for over nine-and-a-half years.

    The three have also moved an application before the Supreme Court seeking Rs 50 lakh compensation each from the state for frivolous prosecution because of which they suffered imprisonment in a concocted case.

    Times View

    Clearly, the three people here have been victims of a gross miscarriage of justice. It is not enough for them to be now merely let off. The state must compensate them for the time they have been forced to spend in jail and for the mental trauma they must have undergone in the process of being wrongly convicted and confined. The three themselves have demanded Rs 50 lakh each as compensation. This is by no means an outrageous demand. Indeed, in addition to this amount, the court must calculate what 10 years' income would have meant in each case and ask the state to pay that too. The Rs 50 lakh, in other words, should be treated only as the damages being paid by the state to them.

    'Murdered' man returns home, 3 accused get bail - The Times of India

    What a shame....how to compensate these persons?
     
    Singh likes this.
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  3. Sabir

    Sabir DFI TEAM Senior Member

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    Even the judiciary has no face to show......corrupt buraucrats and Netas...inefficient Judiciary....where the country is heading.......
     

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