In a major setback to the prosecution, a fast-track court at Bhandara said there was no evidence that the Khairlanji murders were a result of a criminal conspiracy hatched out of caste hatred. The court, however, convicted eight of the eleven accused for murder and acquitted the remaining three for want of evidence.

Four members of a Dalit family — Bhaiyyalal Bhotmange’s wife and three children — from Khairlanji village in eastern Vidarbha were killed on September 29, 2006 after wife Surekha and daughter Priyanka helped the police identify the nine assailants of one Siddhartha Gajbhiye of Dhusala village during an identification parade.

The assailants, who were arrested and released on bail the very same day, visited Bhotmange’s house, dragged Surekha out stripped her and battered her to death. While Priyanka, 17, was pulled out of the cowshed and killed in a similar fashion, her two brothers were also killed later. Although there were allegations of rape, medical tests had ruled against it.

“There is nothing before this court to prove that the incident occurred out of caste animosity. Even Bhaiyyalal’s FIR doesn’t mention it. One of the eye-witnesses Suresh Khandate had also said there was no caste animosity,” said Additional Ad-hoc Sessions Judge S S Das.

“There is neither anything to prove that there was a criminal conspiracy to kill the four persons. It was only after Surekha set her cattle-shed afire to deter them that the accused killed all the four. There is also no evidence of outraging modesty of the women. Though the women had been stripped there is no evidence who had done so,” he added.

... contd.