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Conspiracy and planning of absconding
Through out the Gujarat, it has been seen that out of many, only few accused were
arrested, with the hope that these unimportant arrested accused will be released in the
trial, and the absconding will get benefit automatically.
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Sesan Carnage
Like other rural areas of Gujarat, Sesan village under Banaskantha dist. was also attacked
on 2nd march 2002. 13 innocent Muslims were butchered and more than 40 person were
seriously injured. Both the hands of Habribahen (F-35) were chopped off by sword.
Injured and other witnesses identified 46 persons from with in the mob and named as
accused in the FIR. However in the initial 3 months only 4 accused were arrested and
rest of the accused who were moving and living freely in their villages were declared as
absconding by the Police. Resulting, threatening and pressure were created on the
victims for withdrawal of their cases by these absconding.
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O
nly 4 accused were arrested initially in such a dreaded multi murder where 13 innocents
were killed and more than 40 were injured.
Various applications were drafted informing
authorities that absconding are still moving freely and they threaten us for the dire
consequences in case witnesses does not withdraw the cases.
Meanwhile Police started arresting the accused and after more than 9 months, the accused
felt the fear of justice. The Police had given their phone numbers to the victims and
requested them to inform police the moment they saw any accused.
Now roles have been reversed, accused are hiding and witnesses are moving freely,
while the same was reverse before the writ. The continues pressure started working
Victims felt Justice, when honorable Session Court Judge refused to start (frame the
charges) trial before arrest of all the accused.
Police
actively started arresting the accused and last absconding absconding accused
Bharmal Virma Patel was arrested on March 10, 2003.
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T
he bails were opposed from Session Courts to High Court and most of accused are still in
Jail. (while initially in Gujarat accused
had even got anticipatory bails. For details please refer Ode carnage
case.)
These two vehicles No. (1) GJ-8-U-4242, (2)
GJ-8-U-4039 were used during attacks and deadly arms & weapons were
transported on these vehicles. Even DSP Mr. Himanshu
Bhatt ordered Diodar Police Station to take possession of these vehicles.
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T
hakur Keshaji Swaroopji was named as one of the
main accused and 5 witnesses had
given the statement to the Police that they had
identified him. On the above statements of witnesses, he was arrested and sent to jail for one
month.
However Police manipulated his case
and his name was removed from the charge sheet.
Let us see how Police manipulated his
involvement and how the same was countered.
Police
recorded second (counter) statement of 5 witnesses on
27/03/02. In the second statement Police noted that these 5
witnesses had wrongly taken the name of Swaroopji. The Police
coolly mentioned this without the knowledge of witnesses.
During the analyses of charge sheet, it came to the knowledge
of advocates and they immediately filed counter affidavits of
all 5 accused to the Police that the second statement of the
Police related with Swaroopji is false and none of them has
given this statement.
SARPANCH Thakur Keshaji Swaroopji had come out
with the plea of alibi and had produced medical Certificate of
a private doctor viz. Daya Bhai Govingdbhai Patel dated
27-3-02 and Dr. Hirenbhai Patel dated 03-03-2002 and
13-03-2002. By relying upon these certificates the said
accused tried to convince the Police by saying that at the
time of alleged offence dated 02-03-2002 at about 2:30 PM he
was in Adarah Hospital, Disha for giving treatment to his
grand-son.
The learned Magistrate was pleased to accept the
said impugned report, the
impugned dated 06-04-2002. Resulting the main accused who led
the attackers was respectfully removed from the charge sheet.
However he was arrested on 07-03-2202 upon the statement of the prosecution
witness. Meanwhile the investigation officer recorded the statement of the
doctor and filed a report under section 169 before the Court of learned
magistrate.
A writ was filed in Gujarat High Court, and affidavits of the 5 eye witnesses
has been submitted to High Court also. The High Court accepted the plea
and issued notices to Police and accused. The case is under trial in High Court.
At least Mr. Swaroopji now realizing that it is not easy to manipulate
a crime easily and after all India has a Justice system.
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It was general practice in Gujarat that Police manipulating statements of the witnesses and
changing the statement in such a way that the statements
should not have many specific meaning in the Court.
Therefore we had collected all the statement
recorded by police and got them verified by the each witness. |
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| Preparation of Witnesses: There is also
need for greater lawyer-witness interaction wherein witnesses
will have to be coached and trained to present their
testimonies in courts. Witnesses will also have to be primed
and rehearsed and told what to expect in court especially when
they are likely to be badgered by defense counsel. They need
to be prepared to fight a battle, which will inevitably
stretch for a number of years.
They are being regularly educated in Ahmedabad.
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Sesan Carnage Legal Data
Date of offence = 2/03/02
Police Station = Deodar (17 K.M From Seshan )
F.I.R. No. = 26/2002
I.P.C. Sections: = 302,307,120 (B), 153 (B), 147, 148, 149,
325,323, 435,436,504,506(2), B. P. Act 135
No. Of Deceased = 13
Details of property losses
Houses looted and burnt = 65 Houses Totally Destroyed
& 140 looted & Damage
Shops looted and burnt = 50 %
No. of accused = 46
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Death/Accused analyses
Number of Deceased = 13
Number of Accused = 46
Death/Accused ratio = 4
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Names of deceased
No.
Names
Sex Age
(1) Ramzankhan Khan
Mohammed M 60
(2) Jivekhan Kesarkhan
M 55
(3) Imam Khan Haji Allah bakhs
M 65
(4) Jamalbhai Imam
Khan
M 65
(5) Hina ben d/o. Siddique
Khan
F 4
(6) Jannat bai d/o. Ayyub
Khan
F 05
(7) Badar Khan Nathe
Khan
M 77
(8) Mohammed Khan Badar
Khan
M 45
(9) Jive Khan Badar
Khan
M 40
(10) Umar Khan Kesar
Khan
M 50
(11) Sahib Khan Inayat
Khan
M 40
(12) Aachar Khan Haji Allah Baksh
M 70
(13) Bachi bhai Aachar
Khan
M 65 |
Name of Accused (Arrested) on FIR
(1) Udesingh Agarsing Vaghela
(2) Hijari savaji Solanki
(3) Amartaji surupaji Thakor
(4) Dipaji sarupaji Thakor
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Name of Accused
(Absconding and arrested later on)
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(1) Bhaguji
Svarupaji
(2) Godadji
Amthuji
(3) Badvantji Mafaji
(4) Bachuji Mafaji
(5) Mathurji Mafaji
(6) Pradhaji
Keshaji
(7) Baluji Viramji
(8) Vadanji Surji
(9) Kadaji (Sharesingh Keshaji)
(10) Dipaji
Keshaji
(11) Badvantji Halaji
(12) Samaji
Chanaji
(13) Bhurji Halaji
(14) Mafaji
Chanaji
(15) Baluji Godadji
(16) Ogharji
Jehadaji
(17) Amuji Godadji
(18) Yamnaji
Motiji
(19) Mafaji Sursangji
(20) Vadaji
Sursangji
(21) Sursangji Jesungji |
(22) Isaji Viramji
(23) Meruji Motiji
(24) Chamanji Mahanji
(25) Ramji Hamtaji
(26) Gambhirji Jakshi
(27) Varsangji Savsaji
(28) Mafa Lakhaman
(29) Popatji Rupa
(30) Virmaji Rupaji
(31) Kanji Daguji
(32) Rameshji Shamji
(33) Gagaji Shamji
(34) Bharmal Virma Patel
(35) Shiva Amara Patel
(36) Jivanji Dahya
(37) Tarsangji Shakraji
(38) Bhikaji Shakaraji
(39) Hirasingh Mafatsingh Vaghela
(40) Tribhaovandas Ratilal Akhani
(41) Thakkar Somalal Natawarlal
(42) Velaji Nagji |
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