Around four years after the incident that triggered a national outrage, Saraikela district court in Jharkhand on Tuesday pronounced a guilty verdict for 10 of the accused in the mob lynching case involving the death of 24-year-old Tabrez Anasri, who was beaten to death for allegedly attempting burglary at a house in Dhatkidih village in the intervening night of June 17-18, 2019.
Of the 13 accused who faced trial in the case, the court of additional district judge Amit Sehkhar acquitted two, public prosecutor Ashok Kumar Rai said. One accused died during the trial.
“Ten accused, including the main accused Prakash Mandal alias Pappu Mandal, have been convicted under section 304 and other sections of the Indian Penal Code (IPC). Though charges were framed under section 302 (murder) as well, the court held them guilty under 304 (culpable homicide not amounting to murder) and other sections of the IPC,” said Rai.
While section 302 attracts a maximum penalty of death (capital punishment), section 304 attracts a maximum punishment of life imprisonment.
“We would pray for maximum punishment of life imprisonment for the accused when the court decides on the quantum of punishment on July 5,” Rai said.
Tabrez was brutally beaten up by an angry mob after he was caught allegedly attempting burglary in the house of one Kamal Mahato. He was handed over to the police by the villagers on June 18 and was sent to jail the same day. He, however, fell sick in jail and died during treatment on June 22 morning.
Tabrez’s wife Sahistha Parveen had lodged a murder case against one Prakash Mandal and others who were unidentified. Names of other 12 other accused were added by the police through the course of the investigation.
Initially, the police had registered FIR (first information report) under section 302 (murder) and other sections of the IPC.
However, it filed the charge sheet under section 304 (culpable homicide not amounting to murder) of the IPC in Saraikela court after dropping the murder charge. It had pointed out that the available evidence, doctors’ report and autopsy report indicated it was not a premeditated murder and, therefore, Section 302 was converted into Section 304 of the IPC.
The autopsy report had mentioned cardiac arrest as the cause of death.
Complainant Sahishta then moved the Saraikela court, challenging the police decision to drop the murder charge.
Following a national outrage, the police then filed a supplementary charge sheet on September 18, 2019, and brought back section 302 (murder charge) against the accused.
After the verdict, Shaishta Praveen said she would move high court to ensure the accused are held guilty under murder charges.
“I welcome the verdict, but I was expecting that the accused would also be held guilty for murder. I would get real justice only when they are punished for murder. I had approached court even when murder charges were dropped by police. I would approach the high court now,” she said.
