Sengar and others convicted of culpable homicide in death of rape victim's father

New Delhi: A Delhi court Wednesday convicted expelled BJP MLA Kuldeep Singh Sengar and seven others of culpable homicide, not amounting to murder, of the Unnao rape victim's father who had died in judicial custody.

District judge Dharmesh Sharma also said the facts and circumstances brought on the record prove beyond reasonable doubt that the accused hatched another crucial part of the conspiracy to foist a false case upon the victim by planting a country made gun and four cartridges.

The court said the accused had no intention of killing him. "However, they beat up the victim in a brutal manner that led to his death."

The judge said it is of common knowledge that "when police hit, they hit in a brutal manner".

He added that the "doctors at the district hospital were negligent and acted like butchers".

The court said the accused — Ashok Singh Bhadauria, K P Singh, Kuldeep Singh Sengar, Vineet Mishra, Birendra Singh, Shashi Pratap Singh, Suman Singh and Atul (Sengar's brother) — are held guilty of committing offence under section 120-B (criminal conspiracy).

The other sections read with it are 166 (public servant disobeying law to cause injury to a person), 167 (public servant framing incorrect document to cause injury), 193 (false evidence), 201 (disappearance of evidence), 211 (false charge of offence made with intent to injure), 218 (public servant framing incorrect record to save person from punishment), 323 (voluntarily causing hurt), 341 (wrongful restraint) and section 304 (culpable homicide not amounting to murder) of the IPC.

The court also held the convicted the accused under a section of Arms Act.

While convicting Makhi police station in-charge, Ashok Singh Bhadauria, and Sub Inspector, K P Singh, the court said that "being seasoned police officials, disobeyed the direction of law to protect the life and liberty of the victim when he as well as Kishore Kumar Mishra were being beaten up by the co-accused persons and allowed unlawful restraint being applied by co-accused persons upon victim Surendra Singh, having knowledge or reasons to believe that it might result in death of the victim and ultimately the victim died due to the injuries sustained in the incident...

"They allowed the assailants their protective police cover affording them a free hand to do what they did".