Sajjan acquittal challenged in HC

Jagdish Kaur,who lost her husband,a son and three cousins in the massacre,approached the High Court with three separate petitions — against Kumar’s acquittal,against the acquittal of co-accused Krishan Khokhar and Mahender Yadav and for awarding death penalty to the three other accused.

The two latter pleas are scheduled to be heard by a Division Bench of the High Court on Monday,while the appeal against Sajjan Kumar is presently under scrutiny in the High Court registry.

It is likely to be listed before a High Court bench sometime next week,Jagdish Kaur’s advocate Kamna Vohra said.

Meanwhile,Captain Bhagmal too has filed an appeal against his conviction,which is also listed for hearing on Monday.

In her appeal,Jagdish Kaur has demanded compensation for the victims under Section 357 of the Code of Criminal Procedure.

“Recently,the Supreme Court passed a judgment stating that it was the duty of every court while passing an order on sentence to apply its mind on the issue of compensation to the victim. The sessions court has not awarded any compensation or given any reasons for not awarding compensation,” senior advocate H S Phoolka,who had represented the victims at the sessions court,said.

In a 129-page judgment acquitting Kumar,District and Sessions Judge J R Aryan had held that Kumar was being given the “benefit of doubt” since “none of the complaints mentioned name or presence of Sajjan Kumar in any context” prior to Jagdish Kaur’s statement before the Nanavati Commission in 2000.

The court had accepted the defence argument that Jagdish Kaur’s statement of a neighbour being “reluctant” to give her shelter because of what Kumar had said,was “hearsay” and could not be believed as evidence.

The court had accepted the testimonies of witnesses who had said that they had seen Balwan Khokhar in the mob that had attacked and killed five men.

The CBI,which conducted the investigation and prosecution in the case,is also expected to file an appeal against Kumar’s acquittal. Sources said the CBI appeal has been drafted and is awaiting clearance.