Here's a detailed account of the Ode verdict ruled by a special court that sentenced 18 people to life imprisonment and five others to seven years in jail.
Special court Judge Poonam Singh on Thursday sentenced 18 people convicted in the Ode massacre case to life imprisonment and five others to seven years in jail. Here's is a detailed account of the verdict.
No capital punishment
Looking at the fact of the case, Supreme Court verdicts on the issue, and looking at the fact that the accused have no criminal antecedents, the case does not fall under 'the rarest of the rare' category. Hence, the court does not accept the prosecution demand for capital punishment.
Individual act not established
The court observed that looking at the testimonies of the witnesses, the individual role of the accused in the incident was not identified as per defence argument. However, it is proved beyond doubt that the accused were the members of the unlawful assembly and they attacked, hurled burning rages and inflammable liquids like petrol and kerosene and set the house on fire. They all are identified by the witnesses. Looking at the fact of the case, consequences and circumstantial evidences, it becomes clear that 23 people were charred to death in the house.
Conspiracy to damage property, kill Muslims
The mob started building up on the day of March 1, 2002 and they knew that the day was Friday and Muslims would perform Namaz. The mob built up near Ahima-Shili road and they headed towards Surewali Bhagol with the intention to attack Muslim properties and individuals. They first attacked Surewali Bhagol and then Pirawali Bhagol. They did not disperse even after the police lobbed tear-gas shells and ordered lathi-charge on the mob.
DNA test could not be performed
DNA test to establish the identity of the victims was not materialised as 21 persons were reduced to ash. The bones of one Sikandarmiya were highly degraded; the test of daughter Guddi was matched with her brother Azhruddin. FSL officials had taken blood samples of siblings of victims but the bones were too degraded to be considered for DNA test.
Bone pieces still turn up
The case was handed over to the Supreme Court-appointed Special Investigation Team (SIT) and the court observed that, even after passing of 5 to 6 years, when the SIT took over the probe, small pieces of bones were found from the house that was burnt by the mob.
Court did not believe alibis
The defence of the accused is not acceptable that they were not part of the mob but they were at other place when the incident happened. The presence of the accused in the mob is proved beyond doubt. The defence of the accused, in which it was said by them that they are wrongly implicated in the case as they are known to the complainant and victims' families, is not believable.
No compensation for victims
The prosecution witnesses failed to provide details of the
loss of the religious structures and other losses. The state government had also provided compensation to them. It is to be noted that the SIT lawyer had sought compensation for victims from accused under section 357 of the Criminal Procedure Code.
Intention of accused was evident
The intention of the accused persons is so evident that, they did not stop other accused while performing unlawful activity. Even they did not extend help to the victims. They burned the victims to such an extent that the human bones could not be traced. The motive of the mob was to make assault on the houses and kill the victims. All the accused were having the common intention to bring loss to the lives and properties of the victim persons.
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