31 convicted, 63 acquitted in Godhra train buring case

Ahmedabad, Feb 22 (PTI) Upholding the theory of
conspiracy, a special court on Tuesday convicted 31 persons
and acquitted 63 others, including key accused Maulvi Hussain
Umarji, in the Godhra train carnage that killed 59 kar sewaks
and triggered a mayhem in Gujarat that claimed over 1,200
lives, mainly Muslims, 9 years ago.
After a less than two-year trial conducted inside the
Sabarmati Central jail here, Special Judge P R Patel accepted
the conspiracy theory that contrasts the finding of a
Commission of Enquiry appointed by former Railway Minister
Lalu Prasad which had held that the burning of Coach S-6 of
the Sabarmati Express on Feb 27, 2002 was accidental.
The quantum of punishment would be announced on
February 25 after hearing the 31 convicted under various
sections of the Indian Penal Code (IPC) like 302 (murder), 307
(attempt to murder) and 120-B(criminal conspiracy).
Tuesday's judgement immediately sparked a war of
words between the BJP, which is ruling Gujarat and whose Chief
Minister Narendra Modi earned a lot of flak over the
large-scale violence in post-Godhra.
The BJP claimed it was a vindication of its stand
that the train carnage was a conspiracy while Congress said it
does not not wash the mass killings that followed Godhra.
Former CBI chief, who heads the Special Investigating
Team (SIT) that took over investigation into Godhra incident
and either other cases of post-Godhra riots, expressed
satisfaction over the judgement.
Maintaining that the SIT would try to get justice in
the other cases too, he hinted at challenging the acquittal in
the train case in a higher court.
The charges upheld against the convicts come under
IPC section 147, 148 (rioting with deadly weapons), 323,
324,325,326 (causing hurt), 153A (promoting enmity between
different groups on religious grounds), various sections of
the Indian Railways Act, Prevention of Damages to Public
Property Act and Bombay Police Act.
Special Public Prosecutor in the case J M Panchal said
the motive behind the conspiracy was to target the Karsevaks
who were involved in the Ayodhya movement.
Scientific evidence, statement of witnesses,
circumstantial and documentary evidence placed on record
formed the basis of the over 850 page judgement.
The trial began in June 2009 with the framing of
charges against 94 accused in the carnage.
"Petrol was brought and the train was made to stop.
Electricity was then cut and there was pouring of huge
quantity of petrol and thereafter it was set afire so far as
S-6 coach is concerned," Panchal said replying to a query on
prosecution's theory of conspiracy.