Arguments in the case will continue on June 9, when the quantum of punishment is likely to be pronounced.
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Submitting on the quantum of sentence, special prosecutor R C Kodekar on Monday termed Gulbarg massacre as “rarest of the rare case” and demanded that convicts should be sentenced to life imprisonment till their death if they are not awarded capital punishment.
Of the 24 convicted by the Special Court last week, 11 have been held guilty on charges of murder while the remaining 13, including local VHP leader Atul Vaidya, have been convicted for lesser crimes in the Gulberg Society massacre.
The incident took place a day after S-6 coach of Sabarmati Express was burnt near Godhra train station on February 27, 2002 during which 58 “karsevaks” were killed. Fourteen years later, the theory is being offered again to request leniency for the 24 people convicted in the massacre of 69 people at the Gulberg Society in Ahmedabad.
DHOBI’S SENTENCE PUT ON ABEYANCE The court put in abeyance punishment to accused Kailash Dhobi following arguments made by SIT.
Bhardwaj contended that Jafri, against whom an offence under the Arms Act was registered in the case, opened fire in such a tense situation and this provoked the crowd, leading to the attack on the residents of the Gulberg Society.
“.It has been accepted in the investigation that in firing by (Eshan) Jafri, one person died and 15 others were injured”.
He also wanted the court to consider the fact that the convicts had committed the crime for the first time in their lives and were not hardened criminals with any previous record.
“The manner of crime was cruel, barbaric and inhuman as victims’ bodies were roasted alive without any provocation and much less in case of women and children who were defenceless”, Mr. Kodekar submitted before the court presided over by judge PB Desai, a fourth judge who involved in the protracted trial that had begun in 2009.
He further argued that though 13 others were convicted under lesser offences, but since they have been convicted under unlawful assembly they should be treated under major offense and equal treatment should be accorded while sentencing the convicts.
The court declared 36 of the 66 accused as not guilty for want of evidence and ordered their acquittal.
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Besides BJP corporator Bipin Patel, police Inspector K.G. Erda was also set free by the court. Find us on Facebook too!
