The accused were booked under various sections of the IPC for being part of the mob. They have already been chargesheeted by the previous investigating agency.
Fifty accused in the Dipda Darwaja massacre have submitted an application in the fast-track court, appealing that judgement in the case be passed by the court. The accused were booked under various sections of the IPC for being part of the mob. They have already been chargesheeted by the previous investigating agency and trial against the accused is in the final stages, a source close to the development said.
The Special Investigation Team (SIT) constituted by the apex court to probe the Sabarmati express carnage and post-Godhra riots have opposed this move on grounds that investigation done in the case against the accused has been defective.
Special public prosecutor in the case PR Agrawal and assistant public prosecutor Hansaben Jain have also submitted an application opposing the demand of the accused since the investigating officer in the case MK Patel has been booked by the SIT for criminal negligence in the case. The charges against Patel constitute dereliction of duty as according to SIT he had delayed arrests of the accused even after witnesses had named them in the FIR filed in 2002.
The prosecutors submitted that a fair trial was needed in the matter and that there could not be another trial against the accused. They submitted that the accused should be tried along with the others as the offence registered against them is the same. Fifty two witnesses have already deposed before court in connection with the case and their statements have been recorded. This was also produced in the court. Fast-track judge BN Kariya has posted the matter till June 26.
According to case details, 14 people were burnt alive by an enraged mob near the Dipda Darwaja area of Visnagar town in Mehsana on February 28, 2002. A complaint was lodged against the killing of 11 people. Two FIRs pertaining to the case show 79 as accused.
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