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Acting on a complaint, the National Human Rights Commission, NHRC,India has issued a notice to the DGP, Maharashtra over mob lynching of three persons in the presence of police in Palghar District on the 16th April, 2020.

It has called for a detailed report within four weeks including action taken against the culprits and relief, if any, granted to the Next of Kin, NoK of the deceased persons.

Issuing the notice, the Commission has observed that the incident is apparently indicative of negligence by the public servants. The death of three persons in such a cruel manner by the unruly mob that too during countrywide lockdown, under extra vigil by the administration and police, amounts to gross violation of the right to life of the victims.

According to the complaint as well as the media reports, the victims, Sushil Giri and Kalpavriksh Giri, belonging to a sect of Sadhus, were going to attend a funeral when they along with the driver of their car were attacked by an unruly mob on suspicion that they were thieves.

The video of the attack on the deceased persons went viral, on 19.04.2020, which showed that police personnel were also present when the victims were being attacked.

National Human Rights Commission

[Press Release dt. 21-04-2020]

Case BriefsSupreme Court

Supreme Court: A Bench comprising of Ranjan Gogoi, Navin Sinha and K.M. Joseph, JJ. dismissed an appeal filed against the order of Bombay High Court whereby the appellant’s conviction under Section 302 IPC was upheld.

The appellant was convicted for the murder of his father. The occurrence was stated to have taken place in the night of  01-12-2003. The police report was lodged next morning by PW-­2 Ratanchand, another son of the deceased. The appellant was stated to be a wayward, addicted to alcohol, and nursed a grudge against his father with regard to his claim to a share in the lands of the deceased. There was no eye witness to the occurrence and the conviction was based on circumstantial evidence. He was convicted by the trial court under Section 302 IPC which was upheld by the High Court. Aggrieved thereby, he had filed the instant appeal.

The Supreme Court perused the record and noted that the High Court has rightly held that motive stood established because of the grudge that the appellant nursed against his father with regard to agricultural lands. The evidence of the witnesses cumulatively established that the appellant had gone to the agricultural fields where the deceased had gone at night. The lands of PW-­8 were adjacent to that of the deceased. The evidence of the witness conclusively established the presence of the appellant in the agricultural fields.   No explanation was offered by the appellant with regard to the presence of blood on his clothes. It was not the case of the appellant that he had suffered injuries in any other manner leading to the presence of blood. The recovery was at his instance. The conduct of the appellant in absconding till he was arrested, and abstaining during the funeral rites of his father, was completely contrary to normal human conduct and was therefore considered an additional incriminating factor against the appellant. In the entirety of the facts and circumstances of the case, the Court saw no reason to interfere with the conviction of the appellant. The appeal was dismissed. [Basavaraj v. State of Maharashtra,2018 SCC OnLine SC 1720, decided on 01-10-2012]