1 week ago
Maoist Leader Azad Acquitted in 2008 Swami Murder Case
A court in Odisha decided that there was not enough proof to convict Maoist leader Azad for a 2008 killing.
Swami Laxmanananda Saraswati and four people with him were shot at an ashram.
The attackers were described as a group of masked people.
Police linked the attack to Maoists and accused Azad of taking part.
The court heard evidence from 22 witnesses, including police officers and eyewitnesses.
Judges said the evidence created serious doubt about Azad’s involvement.
They said suspicion alone cannot be treated as proof, even in a very serious case.
Azad had been in prison since 2011 and was released after the decision.
The report says he has now been cleared in 47 Odisha cases, but it also refers to another murder case against him.
An Odisha Special Court acquitted Dunna Keshava Rao, alias Azad, in the 2008 murder of VHP leader Swami Laxmanananda Saraswati and four disciples.
The court found that prosecution evidence created reasonable doubt about whether Azad participated in the killings.
The attack at an ashram in Jalespeta on August 23, 2008, was carried out by about 20 masked people, according to the prosecution.
Azad, imprisoned since 2011 after surrendering to Andhra Pradesh police, was released from Bhubaneswar’s Special Jail on Tuesday.
The report says he has been cleared in all 47 Odisha cases, although it also mentions another murder case pending at Tumudibandha police station.
- Who
- Maoist leader Dunna Keshava Rao, alias Azad, was acquitted in the case involving Swami Laxmanananda Saraswati and four disciples.
- What
- A Special Court acquitted Azad of murder charges because of insufficient evidence.
- Where
- The killings took place at an ashram in Jalespeta under Tumudibandha police station limits in Odisha’s Gajapati district; Azad was released from the Special Jail in Bhubaneswar.
- When
- The killings occurred on August 23, 2008; Azad was acquitted and released on Tuesday.
- Why
- The court found that prosecution evidence created reasonable and substantial doubt about whether Azad participated in the killings.
Prosecution and Police Case
Defense and Court Finding
Azad’s alleged involvement
Prosecution and Police Case
Police implicated Azad after an Odia letter at the scene claimed that Maoists from the Bansadhara division carried out the killing and was signed in English by someone named Azad.
Defense and Court Finding
The court held that the evidence did not reliably establish that Azad was one of the attackers and acquitted him because the doubts were substantial.
Meaning of the evidence
Prosecution and Police Case
The prosecution presented police and eyewitness testimony and relied on the letter as part of its case.
Defense and Court Finding
The judge said the court could not convert suspicion into proof and that any reasonably possible interpretation favorable to the accused had to prevail.
Azad’s legal status
Prosecution and Police Case
Police had accused Azad in numerous serious cases, including the Swami killing and attacks on the Nayagada armoury and R Udayagiri jail.
Defense and Court Finding
Azad had repeatedly claimed innocence and sought speedy trials; the latest acquittal led to his release, with the report saying he had been cleared in all 47 Odisha cases.
Key facts
- Defendant
- Dunna Keshava Rao, also known as Azad
- Victims
- VHP leader Swami Laxmanananda Saraswati and four disciples
- Attack date
- August 23, 2008
- Evidence heard
- The court examined 22 witnesses, including police and eyewitnesses
- Prison term
- Azad had been imprisoned since 2011 after surrendering to Andhra Pradesh police
- Court reasoning
- The judge said the prosecution evidence created reasonable and substantial doubt and that suspicion could not replace proof
- Reported case status
- The report says Azad was cleared in all 47 Odisha cases, while also mentioning another murder case at Tumudibandha police station
Quotes
Dunna Keshava Rao, alias Azad
Maoist leader and former CPI(Maoist) organizer
“I am very happy over the freedom from jail. I thank all for the cooperation in my release.”
thehansindia.com
Sources
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