Eight acquitted in the 2019 murder of Dalit youth in Rajkot

The murder had led to a public outcry and Dalit leader Jignesh Mevani had led the protests. The victim Rajesh’s father Nanji, an RTI activist, was also allegedly beaten to death in 2018.

According to the prosecution, Rajesh and his friend Milan Parmar were allegedly intercepted by the accused near the village on May 9, 2019. (Representational)

A designated court in Gondal town of Rajkot district on Monday acquitted all the eight accused in the 2019 murder of Rajesh Sondarva (19), a Dalit youth in Manekvada village of Kotda Sangani taluka in the district, over lack of evidence. Incidentally, at least three of the eight who stood trial are also accused in the alleged murder of Rajesh’s father Nanji in 2018.

Those acquitted in the case include then local Congress worker Mahendrasinh Jadeja and his son Divyraj alias Kumarsinh, Ajaysinh alias Ghanubha Jadeja and his son Dhruvrajsinh, Yuvrajsinh alias Karnubha and his brother Deependrasinh, Hardeepsinh alias Mali Jadeja and Hardeepsinh alias Bhanubha Gohil. All the accused are residents of Manekvada.

According to the prosecution, Rajesh and his friend Milan Parmar were allegedly intercepted by the accused near the village on May 9, 2019 while they were returning from Rajkot on Rajesh’s motorbike. The accused brutally assaulted Rajesh with sticks. Hours later, the 19-year-old succumbed to his wounds at Pandit Deendayal Upadhyay Government Hospital, popularly known as Rajkot Civil Hospital. Parmar was also injured in the attack. Based on a complaint by the victim’s 18-year-old brother Ajay, police had booked the eight for murder as well as under the SC/ST (Prevention of Atrocities) Act.

“After the assault, the then Gondal DSP recorded Parmar’s complaint while the latter was under treatment at Krishna Hospital in Gondal. Hours later, Ajay (Rajesh’s brother) gave a complaint on the basis of which Kotda Sangani police lodged an FIR, while Parmar’s complaint was converted into a witness statement. In his complaint, Parmar had named four unidentified persons while Ajay named the eight men as accused. We contended that Parmar’s statement should have been treated as a complaint, not that of Ajay’s, and underlined disparities in the versions given by the two. We also pointed out that the Sondarvas and Jadejas had ongoing disputes and therefore the former had framed the accused,” advocate Piyush Shah said. Shah and Bhagirathsinh Dodiya were the defence lawyers in the case.

The murder had led to a public outcry and Vadgam MLA and Dalit leader Jignesh Mevani had led the protests. Rajesh’s family had refused to claim his body, demanding justice and fair compensation. They had performed Rajesh’s last rites only after the accused were apprehended and the state government allotted a plot to the grieving family.

Shah said the court refused to believe the testimony of Siddhrajsinh Jadeja and Hardeepsinh Jadeja, two constables attached to Kotda Sangani police station, who, while out on patrolling duty, found Rajesh crying in pain on the roadside and took him to a hospital. “The two constables kept mum for a full day and did not file a complaint, even as the victim’s family maintained that they would first ascertain their community before giving a complaint. The two constables, in their statements, said Rajesh had told them that they were attacked by the eight men. Their statements were recorded by a magistrate under CrPC 164. However, we pointed out the delay in their disclosure and contended that, at best, their testimony was a corroborative piece of evidence and not direct evidence. The court agreed with our submission and acquitted the accused,” the advocate said.

Rajesh’s father Nanji, an RTI activist, was also allegedly beaten to death at Soliya village near Kotda Sangani on March 9, 2018. The police had booked six men, including Mahendrasinh, Ajaysinh alias Ghanubha and Mali’s father Narendrasinh for Nanji’s murder. The others booked include Jitendrasinh alias Jadeja, Jitendrasinh Nirmalsinh Jadeja and Jaga Bharvad.

According to the prosecution’s case in Rajesh’s murder, those accused of Nanji’s murder were granted bail by the Gujarat High Court, but Rajesh had been trying to get their bail cancelled on the basis that they were violating bail conditions. However, all six men had continued to remain out on bail until Rajesh was assaulted and Mahendrasinh and seven others were booked and arrested again.

“The eight accused were in judicial custody after their arrest in Rajesh’s murder case. But now they are out of jail as they have already got bail in Nanji’s murder case,” said Shah.