SC stays HC proceedings in Tsundur case

Apex court issues notices to the accused seeking response within four weeks. The AP High Court had quashed the trial court’s order sentencing 21 persons to life term and 35 others to one-year imprisonment in the gruesome massacre of Dalits in Guntur district of Andhra Pradesh in 1991.

July 30, 2014 10:28 pm | Updated November 16, 2021 08:27 pm IST - NEW DELHI:

The Supreme Court on Wednesday stayed all further proceedings pending in the Andhra Pradesh High Court relating to appeals filed by the State relating to the Tsundur massacre case.

A Bench of Justices Madan B. Lokur and C. Nagappan also issued notices to the accused, who were acquitted by the High Court, seeking response within four weeks to the State’s appeal as to why the verdict should not be stayed.

The AP High Court had quashed the trial court’s order sentencing 21 persons to life term and 35 others to one-year imprisonment in the gruesome massacre of Dalits in Guntur district of Andhra Pradesh in 1991.

The High Court acting on appeals from the accused had held that the prosecution failed to produce sufficient evidence before the court, and noted that the accused had already spent a long time in jail.

In 2007, a special court sentenced 21 to life imprisonment and 35 others to one-year's rigorous imprisonment and imposed a fine of Rs.2,000 each, convicting them for the massacre. The court set up under the SC/STs Prevention of Atrocities Act, 1989, held 56 people guilty but acquitted 123 others for lack of evidence.

Eight Dalits were killed and many others injured in attacks allegedly by people belonging to the upper caste on Aug 6, 1991 at Tsundur village of Guntur district. The houses of Dalits were looted and set afire and many families were forced to flee from Tsundur and adjoining villages.

The police had filed charge-sheet against 219 people, of whom 33 died during the course of the trial and seven were let off as police did not find any evidence against them.

In the appeal, the State said the High Court had erroneously given a verdict without appreciating the evidence submitted by the prosecution. Acquitting the accused had resulted in miscarriage of justice, the State said and appealed for staying the operation of the judgment.

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