'Extreme Brutality': MP Court Gives Life Sentence To 7 Cow Vigilantes In 2022 Mob Lynching Case

A Sessions Court of Narmadapuram in Madhya Pradesh has convicted seven men to life imprisonment in connection with a 2022 mob lynching incident over suspicions of cow smuggling, resulting in the death of one man named Najir Ahmed and serious injuries to others. Additional Sessions Judge in Narmadapuram district, held Deepak alias Baba Kevat, Ajay alias Ajju Rathore, Prakash Kaushal, Pawan Batham, Amar alias Bhola Batham, Kanhaiya Batham and Ballu alias Anuj Raghuvanshi guilty of offences under Sections 148, 307/149 and 302/149 of the Indian Penal Code.The First Additional Sessions Judge, Tabassum Khan, observed:"Before imposing sentence on the accused, the aggravating and mitigating circumstances are to be considered. In the present case the following circumstances are present: Aggravating circumstances:- 1. It is proved that the accused committed mob lynching2. The accused, having formed an unlawful assembly and armed themselves with deadly weapons, committed rioting.3. The accused beat the victim with extreme brutality, as a result of which the deceased Najir Ahmad sustained extensive injuries, as recorded in the PM Report.4. As a result of the accused's act, the deceased Najir Ahmad died and the other injured persons sustained injuries". According to the prosecution, on the night of August 2-3, 2022, truck driver Sheikh Lala, along with Nazir Ahmed and Sheikh Mustaq, was transporting cattle from Nandarwada towards Maharashtra when their vehicle was intercepted near Barakhad village in Seoni Malwa. A group of villagers allegedly stopped the truck and assaulted the occupants with sticks and wooden rods. Nazir Ahmed later succumbed to the injuries.An FIR was subsequently registered at the Police Station of Sivanimalwa for rioting (Section 147), wrongful restraint (Section 341) and attempt to murder (Section 307) against unidentified accused people. During the investigation, the police collected blood samples from the spot, recorded witness statements and also obtained the dying declaration of the victims. After thoroughly examining all the evidence, the court found that the accused had formed an unlawful assembly armed with lathis and dandas and had acted in the prosecution of a common object. While considering the sentence, the court emphasised the incident as a proven case of mob lynching and noted that the deceased had suffered extensive injuries due to the brutal assault.The court relied on medical evidence showing multiple head and bodily injuries suffered by the deceased. It noted that Nazir Ahmed was brought to the hospital in a critical condition and that the post-mortem examination revealed serious injuries, including skull fractures and multiple contusions. The court rejected the defence contention that the death was unrelated to the assault.The judgment also referred to forensic evidence linking blood-stained weapons and clothing recovered during the investigation with the crime. The court observed that the accused failed to explain the presence of human blood on the seized articles recovered from them.While considering the question of sentence, the court identified several aggravating circumstances. It specifically recorded that the prosecution had proved that the accused committed "mob lynching". The court further noted that the accused had formed an unlawful assembly armed with deadly weapons and had brutally assaulted the victims, resulting in Nazir Ahmed's death and injuries to others.On sentencing, the court declined to impose the death penalty, observing that capital punishment should be reserved for the rarest of rare cases. It sentenced all seven convicts to life imprisonment under Section 302 read with Section 149 IPC. They were also awarded 10 years' rigorous imprisonment under Section 307/149 IPC and three years' rigorous imprisonment under Section 148 IPC, along with fines.The court held:"However, on the basis of the above evidence and discussion, the prosecution has succeeded in proving beyond reasonable doubt that on the said date, time and place, the accused, armed with deadly weapons — lathis and dandas — formed an unlawful assembly and committed rioting by use of force and violence; that in prosecution of the common object of the unlawful assembly, with the intention of causing the death of Najir Ahmad, or with the knowledge that the bodily injury so caused was likely to cause death, or with the intention of causing such bodily injury as was sufficient in the ordinary course of nature to cause death, beat him with lathis and dandas and committed his murder; and attempted to murder the injured Sheikh Lala and Sayyad Mushtaq by beating them with lathis and dandas". Case Title: State of Madhya Pradesh v Deepak alias Baba KewatClick here to read/download the Order

'Extreme Brutality': MP Court Gives Life Sentence To 7 Cow Vigilantes In 2022 Mob Lynching Case

Jayanti Pahwa

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Jayanti Pahwa

'Extreme Brutality': MP Court Gives Life Sentence To 7 Cow Vigilantes In 2022 Mob Lynching Case

Jayanti Pahwa

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Jayanti Pahwa

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