Lakhimpur violence case: SIT likely to file chargesheet soon
The special investigation team (SIT) probing the Lakhimpur Kheri violence case was likely to file the chargesheet in the case of mowing down of four farmers that led to the violence in the coming week, said senior police officials privy to the development on Sunday.
As many as 13 accused, including Ashish Mishra, the son of union minister of state for home Ajai Kumar Mishra Teni, were arrested in connection with the case of mowing down of the four farmers after which the violence erupted in Tikunia area of Lakhimpur Kheri and led to death of four more people, including a local journalist, two BJP workers and the driver of Ashish Mishra’s car that mowed down the farmers on October 3.
Sharing further details, a senior police official said the chargesheet was likely to be filed against at least 13 accused on the basis of statements of over 100 witnesses recorded in the matter and the findings of the forensic team while recreating the sequence of incident.
He said the mobile locations of the main accused and other co-accused as well as the ballistic reports of three weapons seized from the arrested accused will also be included in the chargesheet. He said the ballistic report has earlier confirmed firing took place from the three licensed weapons of Ashish Mishra, his friend Ankit Das and his private gunner Latif alias Kaale.
The state government had formed the nine-member SIT headed by deputy inspector general Upendra Agarwal to probe the two cases related to the violence. The second case was registered in connection with the killings of four other people during the violence.
Ashish Mishra, who has maintained that he was not present at the site of the violence, was arrested on October 9. Das and Latif were taken into custody five days later. The farmers alleged there were firing during the violence and that a farmer from Bahraich died of a bullet wound. But two post-mortem examinations of the farmer ruled out bullet injuries.
The post-mortem reports of the eight, who were killed in the incident, concluded they died of shock, excessive bleeding, and haemorrhage caused by ante-mortem injuries and that none of them received bullet injuries.
Meanwhile, hearing on the bail application of the main accused Ashish Mishra, who is among the 13 accused in the case in the first FIR (no. 219), would resume on Monday in district and sessions court of Lakhimpur Kheri.
Earlier, the hearing was scheduled to be heard on November 3. However, the hearing was deferred to November 15 after District Bar Association’s office-bearers and members abstained from work due to a condolence motion.
On November 3, the defence counsel had submitted an application before the court enclosing the photograph of an accused Shyam Sundar (now deceased) to which the prosecution had objected.
Other accused in the first FIR, which is related to the death of four farmers and a journalist, include Sumit Jaiswal, Ankit Das, Shekhar Bharti, Latif alias Kaale, Shishu Pal, Nandan Singh Bisht, SP Tripathi alias Satyam, Ashish Pandey, Lavkush Rana, Mohit alias Ullas Trivedi, Rinku Rana and Dharmendra. All these accused are in judicial custody at present.
The application of Pavan Kashyap, the brother of the deceased journalist Raman Kashyap, is unlikely to be heard in the court of chief judicial magistrate (CJM) on Monday on technical grounds. Pavan Kashyap had moved an application under Section 156(3) of CrPC in CJM’s court on October 9 in which he had alleged that his brother was murdered in the October 3 violence.
He had urged the court to instruct the Tikunia Kotwali incharge to register his FIR and investigate the murder of his brother. In his application, Pavan accused union minister of state for home Ajay Kumar Mishra Teni, his son Ashish Mishra and 12 others.
As Pavan has accused a sitting MP, the application qualifies to be heard in a special court. When contacted in this regard, senior prosecution officer SP Yadav said “The cases involving MPs and MLAs are out of CJM court’s jurisdiction for hearing.”
“The courts of additional district judge III have been nominated as designated special courts to hear the cases involving MPs and MLAs,” he added. “In view of this, such an application is liable to be transferred to ADJ III’s court as per procedure,” Yadav said.