http://www.hindustantimes.com/india-news/no-one-killed-pehlu-khan-probe-against-hindu-right-wing-men-named-by-dying-cattle-farmer-closed/story-SDghUwo8QQJRAArn2Gy2rK.html

Alwar lynching: Rajasthan police close probe against 6 Hindu right-wing men
named by Pehlu Khan
The police have cleared the six men based on the statements by the staff of
a cow shelter as well as mobile phone records, according to the
investigation report.

INDIA Updated: Sep 14, 2017 19:37 IST

Deep Mukherjee
Jaipur, Hindustan Times

Pehlu Khan’s mother Anguri Begum sits on a dharna at Jantar Mantar, New
Delhi, demanding justice for her son. (HT file )

The Rajasthan Police have closed investigations into six people named by
dairy farmer Pehlu Khan before his death in a mob attack in April,
Hindustan Times has found, sparking allegations that the authorities are
under pressure to protect cow vigilante suspects.

The police have cleared the six men – three of whom are linked to Hindu
right-wing organisations – based on the statements by the staff of a cow
shelter as well as mobile phone records, according to the investigation
report that Hindustan Times has read.

The staff of the cow shelter, Rath Gaushala, has maintained that the six --
Om Yadav (45), Hukum Chand Yadav (44), Sudhir Yadav (45), Jagmal Yadav
(73), Naveen Sharma (48) and Rahul Saini (24) – were present on their
premises, which was about four-km from the attack site. Rath Gaushala is
patronised by Jagmal Yadav.

Read more
Pehlu Khan lynching: Fifth of seven arrested get bail
We heard names of those six men, how could they not be guilty: Pehlu Khan’s
son

“The statements of witnesses in the case including policemen and the
employees of the Rath Gaushala indicate that none of the accused was
present at the time of the attack. Call record details of the six people
along with Base Transceiver Station (BTS) location of mobiles further
support this,” reads the report.

“Based on the findings of the investigating officer, it is hereby
recommended that the names of the six accused be removed from the case as
they have been found not guilty,” the report said. The investigation named
nine other accused – two of them minors.

Khan was transporting cows from a market in Jaipur to his home in Nuh,
Haryana, when he was lynched by alleged cow vigilantes near Alwar on
April1, one of a string of attacks on Dalits and Muslims by self-styled
protectors of an animal considered holy by many Hindus. Khan had the
necessary permit to transport the cows for his dairy business.

On September 1, the Crime Investigation Department-Crime Branch that was
investigating Khan’s killing sent its findings to the Alwar police, asking
them to remove the six people from the list of accused in the case. This
prompted Alwar police to cancel a reward of Rs 5,000 each for information
about the six accused.

“The reward on the six people has been cancelled because the CID-CB
investigation has found that they had no involvement in the crime,” Alwar
superintendent of police Rahul Prakash told Hindustan Times over telephone.

The development angered Khan’s family members, who said they heard the
accused call out each other by their names during the attack.

“These six men started the attack and were present there. As we were being
thrashed, I heard them call each other’s name. One was saying Hukum, drag
the men down here and break the pickup truck,” Irshad, Khan’s son who was
injured in the assault, told HT. He said he heard the names of Om, Hukum,
Sudhir and Rahul during the lynching.

“The police are saying this under pressure… Our quest for justice doesn’t
end here. We will continue to fight until those six men are proven guilty.”

Khan’s statement was recorded in front of a police officer – and not a
judicial magistrate – but lawyers said even this could be considered a
“dying declaration” and admissible in court.

“At the stage of investigation, dying declaration can’t be disbelieved by
the police. It is a settled law that dying declaration is the best evidence
and in the past, courts have convicted accused on the basis of dying
declaration recorded by police,” Vinay Pal Yadav, an advocate at the
Rajasthan high court, told Hindustan Times.

Based on Khan’s statement made in an intensive care unit of the Kailash
Hospital in Behror around 11pm on April 1 -- about four hours after he was
attacked -- an FIR was registered against the six named and 200
unidentified people. He died two days after the attack.

The case will continue against nine other people identified from the video
of the attack that circulated on social media. Seven of them have been
arrested and two are absconding.

Alwar police chief Rahul Prakash said a charge sheet will be filed in court
after the arrest of the two absconding accused.

(With inputs from Ashok Bagriya in New Delhi)


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