12/29/2008
SUPREME COURT :
The Supreme Court has held twenty nine persons guilty of rioting leading to the murder of five Dalits in Andhra Pradesh.
The accused belonging to Kamma community had attacked the Dalit Madiga community accusing the latter of not showing proper respect.
During assembly elections, the Kammas had supported Telugu Desam Party (TDP) while Madigas backed the Congress.
Initially, ninety four people belonging to Kamma community were charge sheeted for the offences of murder, unlawful assembly, rioting and attempt to murder etc.
Five died during trial while five were declared absconders.
The remaining eighty four accused were tried of whom five of them were sentenced to life imprisonment.
Fifty others were convicted under section 148 (IPC) and were awarded three years imprisonment.
Twenty nine convicted by the trial court were acquitted by the Andhra Pradesh High Court.
A bench comprising Justices B N Agrawal and G Singhvi disposed of the appeal of state of Andhra Pradesh while convicting twenty nine others under section 148 (IPC) and also restored the sentence of life imprisonment against one of the accused.
The apex court, however, upheld the acquittal of 16 accused recorded by the High court and in connection with twenty nine others the apex court noted, ‘having perused the evidence of witnesses, we are of the view prosecution has succeeded in proving the charges under section 148 (IPC) and the High Court was not justified in acquitting 29 accused people named in criminal appeal number 356 of 1999.’ The incident took place on July 16, 1985.
UNI
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Tags : Criminal Law
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