Godhra train burning: Death for 11, life sentence for 20

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Defence Lawyer IM Munshi addresses media following the verdict on the Godhra train incident at the special court inside the Saba

The Special trial court in Godhra train burning case here on Tuesday awarded death sentence to 11 accused and life imprisonment to 20 others. The special trial court termed the case as “rarest of the rare” stressing that it deserved nothing less than death sentence.

"The court looking into their active role in the conspiracy and setting afire the S6 coach of Sabarmati Express train near Godhra, gave death penalty to 11 people," public prosecutor J.M. Panchal said.

The court also slapped punishment on them under various other sections, which will be concurrent to their life term.
The prosecution had sought death sentence for all the 31 convicts, saying that it was a heinous act.

On February 22, the court had convicted all the 31 while accepting the prosecution's contention that there was a conspiracy behind the incident and convicted 31 under various sections of Indian Penal Code (IPC) like 302 (murder), 307 (attempt to murder) and 120B (criminal conspiracy).

They were also convicted 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.
The court had acquitted 63 others, in the burning of S-6 coach of Sabarmati Express in 2002 near Godhra railway station where 59 persons were killed.

Those who were awarded capital punishment are Bilal Ismail Abdul Majid Sujela alias Bilal Haji, Abdul Razak Mohammad Kurkur, Ramjani Binyamin Behra, Hasan Ahmed Charkha alias Lalu, Jabir Binyamin Behra, Mehboob Khalid Chanda, Salim alias Salman Yusuf Sattar Zarda, Siraj Mohammad Abdul Meda alias Bala, Irfan Abdul Majid Ganchi Kalandar alias Irfan Bhopo, Irfan Mhammad Hanifabdul Gani Pataliya and Mehbub Ahmed Yusuf Hasan alais Latiko.
Mr Panchal said the prosecution has not received the detailed copy of the judgment containing reasons for the punishment meted out and, therefore, he could not comment on the specific role and the differentiating factor due to which the 11 were given death and others life imprisonment.

The prosecutor said that this was perhaps the first case in the country in which 11 people have been awarded capital punishment.
Asked if the prosecution will appeal against the life imprisonment awarded to the 20 convicts, he said a decision to that effect will be taken by the special investigation team that probed the case.
The accused have been given 90 days time to appeal in the higher court, he said.

The time spent in jail by the 20 accused who have been awarded life, will be deducted from their total punishment, he said.
Defense counsel Munshi said the convicts will definitely appeal against the punishment awarded to them.
"It (the punishment) is very difficult to swallow. Till we get the copy of the judgement, we cannot comment much," Munshi said.
"We will definitely appeal against the verdict in the high court. Till the high court confirms the judgement, it cannot be implemented," he said.

Following the Godhra train burning incident on February 27, 2002, large scale communal violence had broken out in various parts of Gujarat in which over 1200 people died, mainly belonging to the minority community.