After the inquiry team said that it was “pre-planned conspiracy” a court on Tuesday said that SIT investigating the Lakhimpur Kheri violence can add the charge of attempt to murder against the accused, including Union minister Ajay Mishra’s son.
All the 13 accused in the case were presented before the court of chief judicial magistrate Chinta Ram on the day.
The magistrate has ordered to change the charges to serious ones like from causing deaths by negligence to attempt to murder – Section 307 for the deaths of 8 people, including 4 farmers, in Lakhimpur on October 3.
The FIR filed earlier included IPC Sections like 147 (rioting), 148 (rioting, armed with a deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object), 302 (murder) and 120B (criminal conspiracy).
The SIT has earlier demanded to change the lesser charges to serious ones.
Including the charge of attempt to murder, the investigation team also suggested to include Sections like 34 (acts by several persons with common intentions), 326 (voluntarily causing injuries by dangerous weapons) and sections 3/25/30 of the Arms Act against the 13 accused.
“Chief judicial magistrate Chinta Ram allowed the special investigators to add IPC sections 307, 326 and sections 3/25/30 read with section 35 of the Arms Act against 13 accused of FIR number 219 in which MoS Home Ajay Kumar Mishra’s son Ashish Mishra, alias Monu, is the main accused,” said senior prosecution officer S P Yadav.
“After hearing the arguments of the prosecution and the defence counsels on Tuesday, the magistrate also allowed to drop section 279, 338 and 304A of the IPC against the accused,” he further said.
While, during the arguments in the court, the defence counsels had objected the addition of IPC section 34 and provisions of Arms Act in the FIR.
After which the court had also said that the use of section 34 was unjustified as the accused were already remanded under the section 149, said the prosecution officer.
The 13 accused have been arrested as per the FIR number 219, which is in connection with the deaths of four farmers and local journalist in Tikunia.
