Lynching case: J'khand police defends decision to drop murder

The Jharkhand Police on Wednesday strongly defended its decision to scale down charges -- from murder to culpable homicide not amounting to murder -- against the 11 accused in the lynching case of Tabrez Ansari, saying it was based on investigation and medical report.

Ansari, 24, was seen on national television being beaten up with rods while tied to a pole and forced to chant 'Jai Shri Ram' over an alleged theft.

The Seraikela-Kharsawan district police had charge- sheeted 11 of the 13 named accused in the case on July 29, dropping the stringent charge of murder under section 302 of the Indian Penal Code. All 11 of them will now face the law for lesser offence under section 304 of IPC (culpable homicide not amounting to murder).

"We have taken the decision to convert section 302 under the IPC to 304 of the code after consulting the authorities. The decision was taken based on proper probe and post-mortem and forensic reports, which said that Ansari died of cardiac arrest," Superintendent of Police Karthik S said.

Questioning the hue and cry over the police decision to drop murder charges, the SP said, "Why are people undermining section 304 of the IPC? The undermining of the section tantamount to undermining of the Indian Penal Code."
Talking about the petition filed by Ansari's widow Shahista Perveen in the court of Chief Judicial Magistrate, Manju Kumari, he said, "As the case was filed under section 295(A) of the IPC (maliciously insulting the religion or religious beliefs of any class), the district administration has forwarded it to the state government to take a decision."
"We have filed the petition against the dropping of section 302 IPC against the accused and converting it to 304 of the IPC. It will be admitted only after the state administration's approval."