Kandan (65), belongs to Dalit Arunthathiyar community, is a resident of Sanaarpalayam, Mulanoor, Tirupur District. He is a meat seller and a wood cutter, used to sell woods carrying in a Lorry or Tempo. He used to hire the vehicle from Rathna Moorthy, who used to lend money for interest. Kandan was indebted to Rathnamoorthy  and he failed to pay two installments. Rathnamoorthy being intolerant, planned to kidnap Kandan and to torture him, as punishment for the non-payment.

On 23/01/2013, while Kandan was on his way to a tea shop near his house, Rathna Moorthy along with his gang, forcefully pulled inside the car and brutally assaulted him while the car is on the move. Then they took him to one isolated room and tortured him for some time. When Kandan fell unconscious, the perpetrators who considered that kandan has died, on reaching close to his house, they threw him out of the car.

Kandan was hospitalized under critical health condition. He lodged a complaint and FIR has been registered. The investigation process is in progress.

The Dalit community of Sanderab village is landless and illiterate and the Rajputs of the area are landlords. Majority of Dalits, work as agricultural labourers in the farm of Rajput to earn their livelihoods.

Victim Bhomaram Kalbelia s/o Natha ram Kalbelia r/o Mono ki Dhani Sanderab, P.S Sanderab, Tehsil. Sumerpur in Pali District is landless Dalit, depends on daily wage to meet his family’s daily needs.  As to his fate, some years back, he along with his family went to Sanderab village in search of work for their livelihood, where they worked in the farm of Rawat Singh s/o Khushal Singh, a Rajput. After some days, due to dispute for wages, the family of Bhomaram stopped working in the farm of Rawat Singh. Then the family on 14 Jan, 13, approached Gajwi Rajpurahit, whose farm is located adjacent to Rawat Singh’s farm, for work and there after they worked in the farm of Gajwi.

On the same day 14 Jan, 13, accused Rawat Singh s/o Khushal Singh called Dinesh (18) s/o Bhomaram Kalbelia and asked him to work in his farm, or else he would kill him and his family. When Dinesh refused working in the farm of Rawat, he bore grudge and conspired against the family to take revenge one day.  

Thus, on the fateful day on 15 Jan, 13 at about 1 p.m. accused Rawat Singh forcibly took Dinesh by a motorcycle and asked him to work in his farm.When the diseased refused, he along with some of his people namely Raju Singh s/o Moti Singh, Gudu Singh s/o Rawat Singh belonging to Rajput caste, electrocuted him to death. On hearing the news, Bhomaram, the father of diseased went to the spot and found his son dead and the accused destroying all the evidences, connected to the crime. The accused threatened with dire consequence and strictly instructed Bhomaram to tell the public and police that his son died in electric shock when he came into contact with, while working in the farm.

The frightened victim lodged a complaint in Sanderab police station, but the police did not entertain his complaint. So he along with his relatives met SDM, Sumperpur and Addl. Collector of Pali with a complaint, after that a criminal case was registered against the accused on 15 Jan, 13, No. 08/13, u/s 302 IPC & 3(2)(v) of SC/ST (PoA) Act and also post mortem was conducted.

Police has not arrested the accused yet because of political influence. The accused is roaming around free. Because of the threat, the victims migrated to another place to save their lives. The administration has not given any compensation to the victims yet. 

Deceased Rajesh Das s/o Late Kailash Das, Gudia Kumar w/o Rajesh Das is resident of Hanuman nagar, Ambedkar colony in Patna belongs to Chamar (SC) community and daily wage labourer. The victim was the native of the colony and owned a few decimal of homestead land. It is learnt from victim that Arjun Yadav came along with the family to the colony a few years back, grabbed the land of victim with false land documents and built a house. Thus there was an enmity between deceased Rajesh’s family and Arjun Yadav which paved the way for the murder of Rajesh.

On 12/01/2013 in the morning when Rajesh was going for work, Arjun Yadav happened to meet him. He became irritated and abused him by saying “You bloody Chamar, why did you show your face to me in the morning, today you spoiled my day, I will kill you by holding your throat”. He caught hold of Rajesh, put a muffler around his neck and dragged tightly. Meantime

Abhimanyu Yadav s/o Arjun Yadav, Prem Shila Devi w/o Arjun, Sujita Kumari & Bharati Kumari d/o Arjun & two others belonging to OBC community rushed to the spot and clutched his throat even more firmly and thus Rajesh died on the spot.

A criminal case has been registered against accused persons in Patrakar Nagar police station on 12/01/2013, as No. 12/13, u/s 302, 34 IPC & 3(2)(v) of SC/ST (PoA) Act. One accused person is in the jail. The case is under investigation. The accused persons are harassing the victims to withdraw the case or compromise or else would kill them. The victim family has not received any compensation from the administration.

Legal Standard Breached:

1.       Murder is an offence punishable under section 302 IPC, and any person who commits any offence under the section 302 IPC punishable by imprisonment for a term of 10 years or more against a member of a Scheduled Caste, shall be punishable with imprisonment for life and with fine [sec. 3(2)(v) SC/ ST (PoA) Act].
2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355. 34 of IPC
3.       Whoever, wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred. [sec. 3(1)(iv) SC/ST (PoA) Act].
4.       A person, who is not a member of a Scheduled Caste or Scheduled Tribe, who intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste in any place of public view, is guilty of an offence [sec. 3(1)(x) SC/ST (PoA) Act].
5.       Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willfully neglects his/her duties required to be performed by him/her under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year [sec. 4 SC/ST (PoA) Act].
6.       No one shall be deprived of his/her right to life or personal liberty except according to procedure established by law. No one shall be subjected to arbitrary detention or imprisonment [Art. 21 IC-FR, Art. 9 UDHR, & Art. 9(1) ICCPR].
7.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

Bhupinder Singh S/o Kalan Singh from Village- Fidde Khurd, tehsil and District- Faridkot Bhupinder Singh belongs to “Majhabi Sikh” which has been declared a Scheduled Caste by the State Government of Punjab.

From last three years he and his brother Jagroop Singh were working with the employer Brijpal Singh(Ex. Sarpanch) S/o Dalip Singh , village- Fidde Khurd, tehsil & District- Faridkot who belongs to Jatt Sikh community. After one year of his employement he got married and whenever he asked to employer to go to his house he never allowed him to go. Even he could not allow him to meet his relatives of his wife. So he left the work of Brijpal Singh but Brijpal Singh did not allow his brother Jagroop Singh to leave the work. When Brijpal Singh demanded the bonded debt of Rs.30, 000 (Rupees thirty thousand) from him, then he left his job and joined the work of Amarjit Singh S/o Harnek Singh from the same village and the advance which he received from Amarjit Singh, he used to repay the bonded debt of his previous employer Brijpal Singh.

Bhupinder Singh work continuously one year for Amarjit Singh and in the next year again Brijpal Singh sold him from Amarjit Singh and engaged him in his work. Brijpal Singh was extracting work from him day and night. He was not given any weekly rest or over time from the employer. The employer has never paid his wages on his many requestes he gave him only Rs.1500 in one year. Bhupinder Singh’s wife was working outside on daily basis and she was taking care of household expenses. When Bhupinder Singh demanded his wages from the employer he refused to pay him any of his wages and abused him on caste basis and imposed a debt of Rs. 175,000/- on him and started to harassing the family of Bhupinder Singh with the help of the police of P.S Sadar Kotakpura.The complaint for his release and rehabilitation was sent to the the District Magistrate on 25-1-2013, Faridkot. Now Bhupinder Singh is physically free but no FIR has been registered against the employer and his son for extracting bonded labour and harassing the family for bonded debt and to beaten Bhupinder Singh.

The very first New Year Day of 2013 was risen with the brutal killing of three dalit youth in Ganeshwadi premises of Vitthalwadi village, Nevasa block of Ahamadnagar District of Maharashtra. It’s another bloodstain on the so called progressive State of Maharashtra after the Khairlanji Massacre.

On 1^st January 2013, Sachin Somwal Gharu (22), Sandeep Raju Thanwar (26) & Rahul Kandare (20) belonging to Bhangi (SC) community were brutally killed by Maratha natives Popat Vishwanath Darandale, his relatives and some associated villagers for having an affection with one of the daughter of Mr. Popat Darandale with deceased Sachin Gharu.

Sachin Gharu was working as sweeper with the Ghadge Patil College of Trimurti Education Society at Nevas Fata, of Nevas Blok in Ahamadnagar. He was young and handsome so got in contact of one of the daughter of Mr. Popat Darandale who was learning in B.Ed. class of the same College. This fact was found objectionable to the Darandale family and therefore they planned to elevate him from world. Accordingly, on dated 1^st January 2013, Darandale family through Mr. Sandip Mahadev Kurhe called Sachin Gharu, Sandeep Thanwar and Rahul Kandare to clean farm house toilet of Prakash Darandale situated at Kharwandi Road, Ganeshwadi premises of Vitthalwadi village, Nevasa block, Ahamadnagar District. They reached at the field in Ganeshwadi premises at about 11 am where Popat Vishwanath Darandale, his relatives and some associated villagers took deceased Sachin Gharu near under construction boar well (around 200 meter away from toilet)  and chopped his both the legs, both hands and head with the crop cutting machine. At the same time some of the perpetrators assaulted over the head of Rahul Kandare with blunt object like stone or stick near toilet and also forcefully ruined the Sandeep Thanwar in the septic tank of the toilet which caused their death. 

Thereafter the some chopped body parts viz. both legs & hands of deceased Sachin Gharu were thrown in to the under construction boar well pipe which is having around 50 meter depth, perpetrators also tried to throw the head chopped of deceased Sachin Gharu in the same boar well pipe but due to the small length of pipe the head and the remaining body part was thrown in waterless well in the adjacent field of perpetrator Kailas Darandale which is around 500 meter away from toilet. Also the dead body of deceased Rahul Kandare was thrown in to the same waterless well.

v  INCIDENT UNDER INVESTIGATION

On 1^st January 2013 by the evening around 8 pm the Sonai Police station got the call from Ganeshwadi that the body of Sandeep Thanwar is laying into the septic tank of Darandale family’s agricultural field and it was wrongly shown that he came to clean the septic tank and accidentally fall in the tank and died.

Sonai Police Station in charge Mr.B.H.Dhangar registered inquest report and along with other police constables immediately rushed to the spot of incident and took out the body of Sandeep Thanwar. The police inquired about the family members of deceased Sandeep Thanwar they found that he was residing under the premises quarter of Trimurti Education Society along with his wife and one year daughter, so they took the mobile number of his younger brother Kapil Raju Thanwar and informed him telephonically. They also informed to Mukesh Prakash Changare, the relative of deceased Sandeep Thanwar. After the legal formalities the said body is sent to Rural Hospital at Nevasa for post mortem

On dated 1^st January 2013 Kapil Raju Thanwar and Mukesh Prakash Changare reshed to the field of Prakash Darandale and identified the body and also inquired about the Sachin Gharu & Rahul Kandare, but Prakash Darandale informed that they already left out. Till afternoon of 2^nd January 2013, Sachin & Rahul were missing out, but police found the dead bodies of deceased Sachin Gharu & Rahul Kandare into the waterless well in Prakash Darandale’s field. The police dead recoverd bodies and telephonically informed to Kapil Raju Thanwar and Mukesh Prakash Changare, the relatives of deceased.

Thereafter on 2^nd January 2013 Mukesh Prakash Changare filed a written complaint against two accused Prakash Darandale & Ramesh Darandale as the dead bodies were found in their filed. On the basis of this written complaint F.I.R was registered at Sonaii Police Station on 2^nd January 2013 at 8 pm under sections 302, 209 & 34 of IPC vide FIR No.I-2/2013 dated 02/01/2013. The Police arrested Mr. Ramesh Darandale & Prakash Darandale and sought their PCR of 14 days.

On 5^th January 2013 section 120(B) of Indian Penal Code and Section 3(2)(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities), Act 1989 is latter on added to the FIR. Therefore the investigation is forwarded to Mr. A.S.Gangurde and the Accused Popat Vishwanath Darandale (48), Sandeep Madhav Kurhe (33) & Ashok Sudhakar Navgire (28) were arrested and brought before JMFC Nevas for PCR, the Court granted PCR of these three accused till 14^th January 2013.

POSTMORTEM REPORT

Sandeep Thanwar

1.       The postmortem report of deceased Sandeep Thanwar conducted on 1^st January 2013 at about 11pm and postmortem of two deceased Sachin Gharu & Rahul Kandare was conducted on 2^nd January 2013 around 4;45 pm.
2.       In the report of Sandeep Thanwar the Doctor made an opinion that the death is due to cardio respiratory arrest due to asphyxia due to drowning. The body was stained with fecal matter. Water material was found in the mouth &  lungs of the dead body. The stomach was empty. The abbreviation injury of 5x1 cm is found on the right side of the chest therefore the strong suspicion that Sandeep Thanwar might have been killed by assault on chest and then thrown in the septic tank.

Sachin Gharu

1.       In case of the postmortem report of Sachin Gharu, the report do mention about the amputation of right and left hand, both the leg at the level of knee joint and throat cut at the level of 7^th cervical verbatim and head is separate from rest of the body and all are anti mortem injuries. The cause of death is due to acute cardio-respiratory arrest due to shock due to multi-organ injury.
2.       The blood samples and hair of scalp sample is sent for Chemical Analysis and DNA test.

Rahul Kandare

1.       The postmortem report of Rahul Kandare revails the injury mark of 2cm on right leg , abbreviation contusion of 5x5 cm on left shoulder and 6x5 cm on right side of chest, 10x1 cm injury on head and some bone injuries on rest body parts. The cause of death is due to acute cardio-respiratory arrest due to head injury.
2.       The blood samples is sent for Chemical Analysis.

Till the date of this fact-finding i.e. 2^nd February 2013 the charge sheet is not filed and the investigation is going on.

v  CHRONOLOGY OF INCIDENTS

1.       On 1^st January 2013 Sandeep Thanwar received a phone call from one Mr Ashok Navgire informing him to reach the residence of Mr. Popat Vishwanath Darandale at Ganeshwadi  Nevasa to clean the septic tank. Sandeep Thanwar along with  Sachin Gharu and Rahul Kandale  left for the residence of Poapt Darandale at around 11:00 am.
2.       At around 8:30 pm Kapil Raju Thanwar, younger brother of Sandeep, received a phone call from Sonaii Police Station that dead body of Sandeep Thanwar in found in the Septic tank of Mr. Popat Dharandale. Kapil Thanwar rushed towards the residence of Mr Popat Darandale. Kapil inquired with Mr Paraksh Dahrandale and Popat Dharandale about Sachin Gharu and Rahul Kandare. He was informed that both of them left the place of incidence.
3.       On 1^st January 2013 at around 10:40 pm one Mr. Mukesh Changre, a relative of Sachin Thanwar filed a complaint in the Sonaii Police station. The dead body of Sandeep was thereafter send for postmortem.
4.       On 2^nd January 2013 the relatives of Sandeep received a phone call from the Sonaii police station that dead body of the other two members was found in the agricultural land of Mr Ramesh Darandale at Ganeshwadi, Nevasa. After visiting the spot where the dead bodies were found, people witnessing were shocked to see the dead body of Sachin Gharu.  Both of his lower limbs were amputed from the knees and both the upper limbs were amputed from the shoulder. Also his head was chopped from the body. There were marks of injury on the head of Rahul Kandare. His dead body was also found near to the dead body of Sachin Gharu. Dead body of Sachin Gharu and Rahul Kandale were sent for Postmortem.
5.       F.I.R was registered at Sonaii Police Station on 2^nd January 2013 at 8 p.m. under section 302, 201 and 34 of the Indian Penal Code.
6.       On 2^nd January 2013 two accused Mr. Ramesh Darandale & Prakash Darandale arrested and sent to police custody remand.
7.        On 5^th January 2013 after a representation made by the some social activists to the District Collector Ahmednagar the Accused s were charged with section 120(B) of Indian Penal Code and Section 3(2)(5) of Scheduled Caste and Scheduled Caste (Prevention of Atrocities Act) 1989.
8.        On 5^th January 2013 the Accused Popat Vishwanath Darandale (48), Sandeep Madhav Kurhe (33) & Ashok Sudhakar Navgire (28) were arrested and brought before JMFC Nevas for PCR, the Court granted PCR of these three accused till 14^th January 2013.