Jaipur-based Centre for Dalit Rights’ interim fact finding report on the brutal murder of Dalit Prabhuram Bawari of village Jusari, Police Station Makrana, District Nagaur, Rajasthan:
On the receipt of the information of the brutal murder of Prabhuram Bawari at the hands of Ghanshyam Sharma, Dhirendra Singh Anand Singh, Daulat Singh, Manish and others over the land dispute through newspapers, the Centre of Dalit Right, Jaipur deputed a fact finding team consisting of Mr Satish Kumar, Advocate, Director CDR; Ms Grijesh Dinker, Advocate, State Coordinator, Dalit Mahila Manch; Mr Hemant Kumar, Advocate; Mr Bhagwan Sahay, Coordinator and Mr Om Prakash Meghwal, local activist Nagaur for ascertaining the facts of the incident from the concerned parties.
Name of victim: Deceased Prabhuram Bawari, age 55 years
Residence of the victims: Village Jusari under Police Station Makrana, District Nagaur, Rajasthan
Name of the accused :- Ghanshyam Sharma (Brahmin), Manish Sharma (Brahmin), Dhirendra Singh, Anand Singh, Daulat Singh and others (all dominant Rajput and Brahmin caste)
FIR No: 173/2016 u/s 147, 148, 149, 352, 307, 365, 302379, 120B IPC and 3(1)(f)(g) SC/ST (PoA) Act dated 9/6/2016
Nature of atrocities: Continuous harassment, physical assault and murder relating to the land dispute
Date of incident: 9/6/2016
Root Cause of dispute:
The matter is a series of the incidents and continuous harassment and torture of the deceased and his family over the land dispute which belongs to the Dalit family. With the intention to grab the 9 Bigah land, the accused people have been harassing, torturing and committing physical assault against the family for last twenty years. The fact is that, the deceased Prabhuram Bawari’s wife Mrs Chuka Devi inherited the 9 Bigah land from her father as she was the only child of her father Mr Ramuram. It is learnt that twenty years back, Ramuram adopted his brother’s son Mr Bhanwar Lal Bawari and declared him his successor. Upon this, the accused committed serious physical assault with Bhanwar Lal.
After the death of Ramuram, Dakha Devi w/o Late Ramuram called her daughter Chuka Devi and her husband from her inlaw to live with her. It is stated that Mr Kana Ram Bawari, the brother of Late Ramuram, allegedly forged the sale-deed of the disputed land in the name of Mr Om Prakash Meghwal resident of Mandsaur, Madhya Pradesh and got the signature of Dakha Devi on the papers. In this conspiracy, Ghanshyam Sharma and Anand Singh Rajput and others of Jusari village were also involved. For this incident, FIR no. 24/2015 dated 5/2/2015 had been lodged in the police station Makrana. Police has filed FR in the matter.
In the same connection, on 25/10/2015, the accused namely Anand Singh, Daulat Singh, Ghanshyam Sharma, Manish, Dhirendra Singh, Kana Ram and others organized an attack upon Prabhuram house around 9:30 in the night and set the house on fire after destruction of the household items. When one Amar Singh Rajput interfered to protect the victims, he had also been beaten up by the accused people. This incident caused the heavy loss to the victim family. FIR no 355/2015 was lodged u/s 323, 341, 452, 307 IPC and 3SC/ST (PoA) Act but no arrest has been made by the police. Subsequently, after four months, the case was transferred to the CID/CB for investigation which is still pending. It is noticeable that if Mr Amarjeet Singh Bedi (Investigation Officer) would have done his duties properly, the murder of Prabhuram could have been avoided.
In the next episode of the atrocity, Ghanshyam Sharma, Dhirendra Singh and others went to the house of Prabhuram at 5:30 in the morning in the Bolero with deadly weapons and kidnapped the deceased. First they bet Prabhuram and then crushed him under the Bolero at Devla Ki Nadi. Prabhuram died on the way to Jaipur Hospital. For this incident, FIR no. 173/2016 u/s 147, 148, 149, 352, 307, 365, 302379, 120B IPC and 3(1)(f)(g) SC/ST (PoA) Act.
Present status of the case:
The investigation officer has arrested the two accused persons but rest of the accused persons are roaming freely. SP and Collector have not yet visited the spot and the victim family is not paid any monetary relief. The situation is much tensed in the village. The victim’s family is still in the terror as the unknown Boleros are roaming and the accused people are organizing the meetings to create the terror among the Dalits. The victim family has submitted the application before the District police for providing them the police protection.
- Fact-finding team, therefore, urge and demand that all the accused must be arrested immediately.
- The section 3(2)(V) should also be invoked in the FIR.
- The charge sheet shall be filed within 60 days as per the Amendment Act. The SP ensure the investigation of the matter in his direction, as Mr Bedi committed serious negligence in the FIR No. 355/2015
- The police protection shall be provided to the victim family
- As the deceased was the earning member of the family, therefore, apart from interim monetary relief the family is also entitled either to monthly pension or a Government job. The family shall be provided with the three months ration.
- The monetary relief under Rule 12(4) of the PoA Act shall be provided to the victim family which is 50% of 8,25,000/- (Eight Lakhs twenty five thousands) i.e. 4,12,500/- (Four Lakhs Twelve Thousands and Five Hundreds).