Read Time: 06 minutes

Synopsis

A court in Rampur, Uttar Pradesh has convicted Akram, Mustakeem & Sajid for attacking and profusely causing injuries voluntarily with dangerous weapons, to labourers belonging to the Scheduled caste. 

The labourers who were attacked were performing repair works in their locality with support of the people in November 2015 when the convicts approached them with batons and slicks & said, “You bastard Chammatto (a casteist slur)! How did you get the courage to build a Dharamshala? This is our place!”. 

According to the order, a fourth man named “Muslim” and Sajid attacked one of the labourers with a baton due to which his brother, Atar Singh bled to death. However, Muslim passed away during the trial and thus he was not sentenced and convicted.

The three men have been convicted and sentenced to 6.5 years (total) imprisonment for voluntarily causing hurt with the use of dangerous weapons and for obstructing peace under the Indian Penal Code (Sections 323, 324 and 504) as well as under sections 3 & 4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. However, from the offence of Attempt to murder (under section 307), the three men have been acquitted. 

The Court rejected the plea of the defence counsel that the convicts should be given minimum punishment as they are solely responsible for providing for their families and they would starve if the convicts are kept behind bars.

Special Judge PN Pandey stated that Akram would not be convicted for the offence of murder because his intention was not to kill Atar Singh, the brother of one of the labourers as his weapon, though sharp, was not used to slit his throat. The medical records dictated that the sharp weapon was not used with an intention to kill, which resultantly led to a conviction for voluntarily causing grevious hurt and for voluntarily causing hurt with a sharp weapon under the Indian Penal Code.

The court awarded the following punishments (translated with Google Translate from Hindi to English):

Accused Mustaqeem, Sajid and Akram each are sentenced to 06 (six) months simple imprisonment and a fine of Rs 500/- (five hundred) each for the crime of Section 323 read 34 IPC. In case. of non-payment of fine, he will have to undergo additional imprisonment of 05 (five) days.

Accused Mustakim, Sajid and Akram are each sentenced to 02 (two) years of simple imprisonment and a fine of Rs 2000/- (two thousand). each for the offense of Section 324 read with 34 IPC. In case of non-payment of fine, he will have to undergo additional imprisonment of 15 (fifteen) days.

Accused Mustaqeem, Sajid and Akram each are sentenced to 01 (one) year simple imprisonment and a fine of Rs 1000/- (one thousand) each for the offense of Section 504 IPC. In case of nonpayment of fine, he will have to undergo additional imprisonment of 07. (seven) days.

Accused Mustakim, Sajid and Akram are each sentenced to 02 (two years of simple imprisonment and a fine of Rs. 2,000/- (two thousand) each for the offense of Section 3 (1).

SC and ST (Atrocity) Act: In case of non-payment of fine, he will have to undergo additional imprisonment of 15 (fifteen) days.