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Despite visual proof and scores of people witnessing Tabrez Ansari being beaten up for hours, the murder charge under IPC Section 302 against 11 accused in the death of Ansari have been dropped by Jharkhand Police in their chargesheet.
Tabrez Ansari was accused of theft and attacked by a mob in Saraikela-Kharsawan region four months ago.
The chargesheet was filed by police last month under Section 304 (culpable homicide not amounting to murder), citing the “final post-mortem report” that Ansari died of “cardiac arrest”, and stating that it was “not a case of premeditated murder”.
“We filed a chargesheet under IPC section 304 because of two reasons. One, he did not die at the spot… the villagers did not have any intent to kill Ansari. Second, the medical report did not substantiate the murder charge. The final post-mortem report said Ansari died due to cardiac arrest and that a haemorrhage in the head was not fatal. The second medical opinion said the cause of death was a combination of cardiac arrest and the head injury,” Karthik S, Saraikela-Kharsawan SP, told The Indian Express.
Ansari was attacked by a mob when he was on his way home to Saraikela-Kharsawan’s Karsova from Jamshedpur with his friends on June 18. He was later caught by the locals, tied to a pole, beaten for hours and forced to chant “Jai Shri Ram” and “Jai Hanuman”. He died on June 22.
Ansari’s family asked for action against all involved, including the doctors and police. The police, allegedly, ignored their appeals and did not arrange for proper treatment. He died long before he was taken to a hospital.
According to a government statement, two officers, Chandramohan Oraon and Bipin Bihari, were suspended for “not reporting the seriousness of the issue to the higher authorities” and “register a case of lynching on the very same day”.
An FIR was registered under IPC sections 302 (murder) and 295 A (deliberate and malicious acts intended to outrage religious feelings…).
According to police, the prosecution department vetted the chargesheet. “Our motive is to secure a conviction. Initially, we thought we could invoke both 302 and 304 of the IPC, but that could not have gone parallel… The medical reports also did not decisively say death due to haemorrhage. In the court, this could have led to a problem,” the police said.
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