India | Updated Aug 22, 2007 at 08:11pm IST

High Court acquits Shibu Soren in murder case

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New Delhi: The Delhi High Court on Wednesday acquitted former union coal minister and Jharkand Mukti Morcha (JMM) leader Shibu Soren in the murder of his personal assistant in 1992.

The court ruled that the prosecution had miserably failed to prove that Soren, who is serving life imprisonment, was involved in the murder of Shashinath Jha.

In a strongly-worded verdict, Justice R S Sodhi said the prosecution failed completely in establishing that the skeleton exhumed was that of Jha's. Since there was no way it could be proved that the body belonged to Jha, all five accused will have to be acquitted.

“We hold that prosecution has miserably failed to prove the case and the trial court order is far from convincing,” said the High Court.

The Bench, comprising of Justice R S Sodhi and H R Malhotra also held that "the trial court order is far from convincing".

"While I was conducting the case, I argued throughout that the skeleton that was brought wasn't that of Jha's. This is exactly what was said by honourable judge," said Soren's counsel Sanjeev Kumar.

The news however has come as a set back to the family. Shashinath's brother, Vijay Nath Jha, who claims they often received threat calls and were blackmailed to back off, says they will not give up.

"We were constantly threatened by these people. Were we fools? Was the lower court judge a fool? We will appeal to Supreme Court against this verdict," said an angry Vijay Nath Jha.

The prosecution alleges Jha went missing from Dhaula Kuan area of Delhi on May 22, 1992 and was last seen in Ranchi in the company of Soren's loyalists the next day. His body was exhumed from Piska village near Ranchi in 1998.

Jha was allegedly murdered as he had knowledge about the money allegedly received by JMM MPs, including Soren, from the then Prime Minister P V Narasimha Rao to vote in favour of his minority government in Parliament in 1993, they said.

A trial court in Delhi had on December 26, 2006 convicted Soren and four others guilty for the abduction and murder of Jha.

Soren had then challenged the verdict in the High Court claiming there is no evidence that the body recovered by the CBI from the crime scene is Shashinath Jha's.

The JMM leader was denied bail, as argued by Additional Solicitor General, on the grounds that criminal traits in him cannot be completely ignored.

The 62-year-old tribal leader from Jharkand, who had to quit as Union Coal Minister following his conviction on November 28 last, is at present lodged at Jamtara prison in Jharkhand in connection with Chirudih massacre case.

Four other convicts, Nand Kishore Mehta, Shailendra Bhattacharya, Pashupati Nath Mehta and Ajay Kumar Mehta, were also acquitted.

THE CASE TIMELINE
bulletJuly 1993: Shashi Nath Jha, private secretary of JMM Chief Shibu Soren comes to know about the alleged deal between the Congress party and JMM to save the then P V Narasimha Rao Government facing a no-confidence motion.
bulletMay 22, 1994: Jha abducted by Soren's close associate, Nand Kishore Mehta alias Nandu and five others from Dhaula Kuan in New Delhi.
bullet May 23, 1994: Victim taken to Piska Nagari village near Ranchi in Jharkhand.
bulletMay 24-30, 1994: Nandu, the prime accused, and three others at the behest of tribal leader kill Jha in jungle near Ranchi in Jharkhand and bury his body.
bulletJune 2, 1994: Case registered with the Parliament Street police station on a complaint lodged by victim's elder brother Amar Nath Jha.
bullet Aug 1, 1996: CBI takes over the probe following a Delhi High Court order on a petition filed by Jha's mother Priyambada Devi.
bulletAug 13, 1996: CBI recovers Jha's skeleton from Piska Nagari village in Ranchi.
bulletNov 11, 1997: CBI arrests accused Sunil Khaware.
bulletJan 25, 1998: Another accused Asish Thakur arrested.
bulletJun 19, 1998: CBI arrests Soren in New Delhi and gets 10-day police custody.
bulletAug 13, 1998: CBI arrests another accused Nand Kishore Mehta alias Nandu, Shailendra Bhattacharya and Pashupati Nath Mehta.
bulletNov 10, 1998: CBI files its first chargesheet.
bulletMar 06, 1999: Court frames charges against all accused.
bulletMar 12, 1999: Soren surrenders in a Special Court following Delhi High Court order.
bulletMay 12, 1999: Prosecution starts recording of evidence.
bulletMay 20, 2005: Court concludes recording of evidence after examining 46 prosecution witnesses.
bulletJan 17, 2005: Statement of accused begins with Soren deposing partially.
bulletJan 25, 2006: Additional Session Judge (ASJ) B R Kedia takes charges of ongoing trial in the case as the eighth presiding officer after Ajit Bharihoke, P K Bhasin, Mahavir Singhal, I K Kochchar, B B Chaudhury, K C Lohia and V B Gupta.
bulletApr 7, 2006: Soren answers 130 questions of the prosecution under section 313 of the CrPC.
bulletNov 13, 2006: Final arguments commence.
bulletNov 25, 2006: Court reserves verdict.
bulletNov 28, 2006: Soren and four others convicted under section 120B (criminal conspiracy), 364 (kidnapping) and 302 (murder) of the IPC. The court, however, acquits two others -- Asish Thakur and Sunil Khaware.
bulletNov 30, 2006: The court issues notice to AIIMS Director after Soren fails to appear before it and adjourns the hearing for December 5.
bulletDec 3, 2006: AIIMS declares Soren fit. Later, he was sent to Tihar jail.
bulletDec 5, 2006: ASJ Kedia, after hearing arguments on quantum of punishment awards life imprisonment to JMM chief and four other convicts.
bulletAugust, 22, 2007: Shibu Soren acquitted by the Delhi High Court Three other convicted by the tees Hazari court have also been acquiited.

<table width="248" border="0" cellpadding="3" cellspacing="2"> <tr bgcolor="#AE111D"> <td height="20" colspan="2" valign="middle" bgcolor="#DB1524"><div align="center"><strong class="Wtext11">SOREN IN MURDER RAP</strong></div></td> </tr> <tr bgcolor="#e7e7e7"> <td width="21" height="20" valign="top" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" alt="bullet" width="7" height="7" /></td> <td width="431" height="20" valign="middle" class="Btext11 pLeft10">Sashinath Jha was Shibu Soren's private secretary, and allegedly knew of Jharkhand Mukti Morcha's deals with the P V Narasimha Rao government in July 1993.</td> </tr> <tr bgcolor="#e7e7e7"> <td height="20" valign="top" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" alt="bullet" width="7" height="7" /></td> <td height="20" valign="middle" class="Btext11 pLeft10">During a no-confidence vote, four JMM MPs voted in favour of Rao's government. The MPs allegedly did this for money, and Jha was reportedly pestering them for a share.</td> </tr> <tr bgcolor="#e7e7e7"> <td height="20" valign="top" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" alt="bullet" width="7" height="7" /></td> <td height="20" valign="middle" class="Btext11 pLeft10">Jha was abducted from Dhaula Kuan in New Delhi on May 22, 1994 and police found his body in a village near Ranchi in 1998.</td> </tr> <tr bgcolor="#e7e7e7"> <td height="20" valign="top" class="Btext11 pLeft10"><img src="/pix/common/bullet.gif" alt="bullet" width="7" height="7" /></td> <td height="20" valign="middle" class="Btext11 pLeft10">Soren returned to the UPA Government in November 2004 after resigning in July 2004 after a Jharkhand court issued a non-bailable warrant against him for his alleged involvement in a case of mass killing about two decades ago.</td> </tr> </table>

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