| Revision as of 13:32, 22 August 2017 editKeepfaithintruths (talk | contribs)4 edits Correction of misleading and erroneous editing by "Winged Blades of Godric".← Previous edit | Revision as of 17:30, 22 August 2017 edit undoGodric on Leave (talk | contribs)Extended confirmed users3,645 edits Reverted good faith edits by Keepfaithintruths (talk): Your name no doubt is good.......Anyway, approach at talk.... (TW)Next edit → | ||
| Line 1: | Line 1: | ||
| {{use dmy dates|date=February 2014}} | {{use dmy dates|date=February 2014}} | ||
| {{use Indian English|date=February 2014}} | {{use Indian English|date=February 2014}} | ||
| '''Dhananjoy Chatterjee''' (14 August 1965 – 14 August 2004) was |
'''Dhananjoy Chatterjee''' (14 August 1965 – 14 August 2004) was the only person who was judicially ] in India in the 21st century for a crime not related to terrorism. The execution by ] took place in ], ], on 14 August 2004.<ref>{{cite web|url=http://timesofindia.indiatimes.com/city/kolkata/Six-convicts-in-death-row-in-Bengal-jails/articleshow/16264927.cms|title=Six convicts in death row in Bengal jails|work=The Times of India}}</ref><ref>{{cite web|url=http://www.thehindu.com/2004/08/15/stories/2004081509770100.htm|title=The Hindu : Front Page : Dhananjoy hanged|work=thehindu.com}}</ref> He was charged with the crimes of ] and ] of Hetal Parekh, an 18-year-old school-girl.<ref name=":0">{{Cite web|url = http://judis.nic.in/supremecourt/imgst.aspx?filename=11728|title = Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal|date = 11 January 1994|accessdate = 1 December 2015|website = A. S. Anand and N. P. Singh, JJ, para 1, page 226|publisher = Supreme Court of India|last = |first = }}</ref> | ||
| The ] stirred up |
The ] stirred up public debates and attracted immense attention from media. Dhananjoy was ] on the basis of ], maintaining innocence throughout his trial and imprisonment,<ref>{{Cite web|url = https://www.youtube.com/watch?v=IfkWAY-82gA|title = Right to Live|date = 7 January 2015|accessdate = 30 November 2015|website = Documentary by M S Sathyu|publisher = PSBT India|last = |first = }}</ref> which lasted for more than 14 years.<ref>{{cite web|url=http://archive.indianexpress.com/news/the-last-hanging-took-14-years-after-rape-and-murder/1050101/|title=The last hanging took 14 years after rape and murder}}</ref> | ||
| ⚫ | This was the first hanging in West Bengal since 21 August 1991, when murder convicts, ] and ], were hanged at ].<ref>{{cite web|url=http://expressindia.indianexpress.com/news/fullstory.php?newsid=32742|title='I hanged my first victim when I was 16'|work=indianexpress.com}}</ref><ref>{{cite web|url=http://www.telegraphindia.com/1040805/asp/calcutta/story_3583755.asp|title=The Telegraph - Calcutta : Metro|work=telegraphindia.com}}</ref><ref>https://www.amnesty.org/ar/library/asset/ASA20/039/1991/es/400235c5-f941-11dd-92e7-c59f81373cf2/asa200391991en.pdf</ref> | ||
| ⚫ | == Case |
||
| Hetal Parekh was a student of ] at ], ]. She used to live with her parents and elder brother in a third floor flat of Anand Apartments in ]. The Parekhs moved into this flat in 1987, soon after the construction of this building had been completed. There was an automatic elevator in the building, which used to be operated by a liftman from 8 am to 2 pm and 4 pm to 8 pm. , a private security agency was entrusted with the security of the building. The agency used to engage security guards (casual workers) in three shifts a day. Dhananjoy was a security guard of this agency. He had worked in that building for about three years.<ref name=":6">Depositions of Yashomati Parekh (PW 3) and Nagardas Parekh (PW 4), recorded in pages 73 to 90 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> | |||
| == Personal Life == | |||
| On 5 March 1990, Dhananjoy performed security duty in Anand Apartments during the morning shift (6 am to 2 pm). Hetal left for her ] examination at about 7:30 am. After the examination, which was held at her own school, she returned home. In the afternoon, only Hetal and her mother were there in the flat. Hetal's father and brother were away in their shop at .<ref name=":6" /> | |||
| Dhananjoy was born in Kuludihi,Bankura ], ] and worked as a security guard in Kolkata.<ref name=":9">{{Cite news|url=http://scroll.in/article/741784/how-india-hanged-a-poor-watchman-whose-guilt-was-far-from-established|title=How India hanged a poor watchman whose guilt was far from established|last=N.|first=Jayaram|date=21 July 2015|work=scroll.in|access-date=9 December 2015|via=}}</ref> | |||
| ⚫ | == Case details == | ||
| Hetal's mother went to visit the on Sarat Bose Road in the afternoon. The temple is only a ten minutes walk from Anand Apartments. After returning from the temple, she rang the calling bell of her flat a few times and banged on the door repeatedly, but no one opened the door. At her instruction, some servants of different flats broke the door open. Hetal was found lying dead near the door connecting the living room with the Parekh couple's bedroom. There was blood on her face and on the floor. Hetal's mother lifted Hetal's body and carried it to the ground floor by using the elevator. Two local doctors examined Hetal and declared her dead.<ref>Deposition of Yashomati Parekh (PW 3), recorded in pages 73 to 80 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> The liftman said that he had seen Dhananjoy walking down the stairs shortly before Hetal's mother had returned.<ref>Deposition of Ramdhan Yadav (PW 8), recorded in page 114 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> | |||
| Hetal Parekh was a student of ] at ], ]. She used to live with her parents and elder brother in a third floor flat of Anand Apartments in ]. The Parekhs moved into this flat in 1987. Dhananjoy was a security guard of this agency. He had worked in that building for about three years. | |||
| On 5 March 1990, Dhananjoy performed security duty during the morning shift (6 am to 2 pm). Hetal left for her ] examination at about 7:30 am. After the examination, she returned home. In the afternoon, only Hetal and her mother were there in the flat. | |||
| The police was informed after Hetal's brother and father returned. Dhananjoy was not seen in the area after the murder had been discovered.<ref>Deposition of Nagardas Parekh (PW 4), recorded in pages 81 to 90 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> He became the focal point of police investigations. He was eventually arrested by the police from his village home at near ], ], in the early hours of 12 May 1990.<ref>Depositions of Gurupada Som (PW 28) and Salil Basu Chowdhury (PW 29), recorded in pages 172 to 179 and 180 to 186 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> | |||
| Hetal's mother went to visit a temple in the vicinities in the afternoon. After returning from the temple, she being unable to enter her home, despite repeated knocking, asked some servants of other flats to break the door open. Hetal was found lying dead near the door connecting the living room with the Parekh couple's bedroom with blood stains on her face and on the floor. Two local doctors examined Hetal and declared her dead. | |||
| ⚫ | The case was investigated by the |
||
| Dhananjoy was not seen in the area after the murder had been discovered. He became the focal point of police investigations. He was eventually arrested by the police from his village home at Kuludihi near ], ], in the early hours of 12 May 1990. | |||
| == Was Dhananjoy framed? == | |||
| ⚫ | The case was investigated by the Detective Department of ]. The ] prepared by the police included the charges of ], ] and the ] of a wrist watch. The trial took place in the second court of the ] at Alipore. Since there was no direct witness to the murder, the case hinged on ] only. After the sessions court convicted Dhananjoy of all the offenses and sentenced him to death, the ] and the ] upheld the ] and the ].The ] convicted Dhananjoy and regarded the crime as a heinous combination of offenses, aggravated by the fact that as a security guard Dhananjoy had been in charge of the victim’s safety--enough to make it belong to the ''rarest of rare'' category of crimes''-''warranting a death sentence. | ||
| === There may not have been a rape === | |||
| ] | |||
| Dhananjoy had been awarded the death penalty because the murder had been preceded by rape, which the ] regarded as a heinous combination of offenses, aggravated by the fact that as a security guard Dhananjoy had been in charge of the victim’s safety.<ref>{{Cite web|url = http://judis.nic.in/supremecourt/imgst.aspx?filename=11728|title = Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal|date = 11 January 1994|accessdate = 30 November 2015|website = A.S. Anand and N. P. Singh|publisher = Supreme Court of India|last = |first = }}</ref> However, after his ], several facts came to light that raise doubts about whether there had been a rape at all. The ] report indicated fresh tear in the ] and matted ], but absolutely no injury on the ]s, the ] or surrounding area. The victim’s ] and ] were in place at the time of the ]. The bulk of the 22 injuries suffered by the victim were in the face and the neck area (see figure).<ref>Post-mortem report of Hetal Parekh (6 March 1990), recorded in pages 19-24 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> The possibility that the ] had been a consensual act, which happened well before the murder, cannot be ruled out. Though ] was not detected in the vaginal swab in the ], it was detected in the victim's matted pubic hair and her ].<ref>Forensic report in Hetal Parekh murder case (27 October 1990), recorded in pages 398-405 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> This finding is consistent with the possibility that the pantie was worn again after ]. The revelation of this consensual sex could have been the background of a later altercation with the victim's mother. | |||
| ⚫ | === Claims of innocence === | ||
| The word 'rape' is not mentioned anywhere in the post-mortem report. In written reply to the question from the police, "was the victim raped", the autopsy doctor only stated that the victim was subjected to sexual intercourse before she had died.<ref>Hetal Parekh post-mortem requisition and answers to questions, recorded in pages 364-368 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> However, while deposing in court, the ] doctor said "I mentioned about the rape in reply to the queries made by the police". He also said, "I had an impression while looking at exhibit 17 (post-mortem ] containing queries from the police) that the deceased had been raped and killed".<ref>Deposition of Dr. Dipankar Guha Roy (PW 20), recorded in pages 141-150 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> | |||
| ⚫ | Dhananjoy had claimed repeatedly during his trial that he was completely innocent and that he had nothing to do with the murder, rape or theft. He maintained his stance till the day of his ].<ref>{{Cite news|url = http://timesofindia.indiatimes.com/india/Dhananjoys-last-words-I-am-innocent/articleshow/815569.cms|title = Dhananjoy's last words: I am innocent|last = |first = |date = 15 August 2004|work = Times of India|access-date = 1 December 2015|via = }}</ref><ref name=":4">{{Cite news|url = http://www.thehindu.com/2004/08/15/stories/2004081509770100.htm|title = Dhananjoy hanged|last = Bhattacharya|first = Malabika|date = 15 August 2004|work = The Hindu|access-date = 2 December 2015|via = }}</ref><ref>{{Cite news|url = http://www.rediff.com/news/2004/aug/14dhan3.htm|title = Dhananjoy pleaded innocence till last: Hangman|last = |first = |date = 14 August 2004|work = rediff.com|access-date = 7 December 2015|via = }}</ref> | ||
| == Controversies == | |||
| === Dubious 'eye-witness' testimonies === | |||
| Some academics and lawyers have questioned the validity of the death sentence and the proceedings of the trial.Professors from ]--Debasish Sengupta, Prabal Choudhury and Paramesh Goswami have conducted investigative journalism on the issue; publishing the findings in a book titled ''Adalat-Media-Samaj Ebong Dhananjayer Fashi'' (Court-Media-Society and The Hanging of Dhananjoy)''.''It criticized the handling of the case, the media-trial and faulted the delivered judgement.The film ] is primarily based on the book. | |||
| ] | |||
| Dhananjoy had been linked to the crime through witness ]. Two main witness testimonies were from two security personnel, who purportedly conversed with Dhananjoy while he was leaning out of the balcony of the victim’s third floor flat at Anand Apartments and the witnesses were at the security guard's place of duty at the ground floor.<ref name=":1">Depositions of Pratap Chandra Pati (PW 6) and Dasarath Murmu (PW 7), recorded in pages 102 and 108 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> However, that balcony is not even visible from the guard’s place of duty, which is inside the building,<ref>Deposition of Santanau Basu (PW 2), recorded in page 69 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> and it is not possible for anyone to lean out of the balcony enclosed in iron grills (see sketch). | |||
| The only other 'eyewitness', a liftman, contradicted what the ] claimed to be his statement to the police (e.g., he completely denied that he had taken Dhananjoy by lift to the third floor and saw him proceeding towards the victim’s flat). The liftman was declared a ] at the behest of the prosecution.<ref>Deposition Ramdhan Yadav (PW 8), recorded in pages 114-119 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> | |||
| === Dubious pieces of material evidence === | |||
| One of the three pieces of ] used to link Dhananjoy to the crime scene was a neck-chain found there, which a servant of the opposite flat had claimed as his own.<ref>Depositions Bhavesh Parekh (PW 5) and Gurupada Som (PW 28), recorded in pages 91-99 and 172-179 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> He changed his story in Court and said that he had gifted the chain to Dhananjoy.<ref>Deposition of Gouranga Chandra Raul (PW 11), recorded in pages 123-124 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> Another evidence was a 'stolen' watch ']' from Dhananjoy. The serial number of the watch was never matched with the purchase record, though the police was in touch with the shop that had sold it. The third piece of material evidence was a button found from the crime scene, and forensically linked with a shirt ']' from Dhananjoy under doubtful circumstances.<ref name=":2">{{Cite web|url = http://www.india-hanged-innocent.org/PDFs/dhananjoy-report.pdf|title = A re-analysis of the case of the murder of Hetal Parekh|date = 10 November 2015|accessdate = 30 November 2015|website = Debasis Sengupta and Probal Chaudhuri|publisher = |last = |first = }}</ref> There was no independent witness of these ']'. One of the witnesses could not be produced in court,<ref>Order sheet (9 March 1991) of Sessions Court, recorded in page 47 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> while the other one worked in a tea shop next to the police station and was known to have served tea to the police.<ref>Examination of the accused, recorded in pages 229-230 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> ']' from the crime scene were also dubious. The police was called more than three hours after the door of Hetal's flat was broken and her dead body was publicly discovered.<ref>General Diary no. 514 of Bhawanipore Police Station (5 March 1990) and post mortem requisition (6 March 1990), recorded in pages 381 and 364 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> The body had been moved repeatedly and the ] had been trampled upon before the police arrived.<ref>Depositions of Bhavesh Parekh (PW 5) and Gurupada Som (PW 28), recorded in pages 92-93 and 172-179 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> | |||
| ⚫ | === |
||
| ⚫ | Dhananjoy had claimed repeatedly during his trial that he was completely innocent and that he had nothing to do with the murder, rape or theft |
||
| == Miscarriage of justice == | |||
| Some parts of the judgments of the ] and the ] attract attention and baffle the reader. Some examples are given below. | |||
| The patent absurdity of the suggestion that a person proceeding to kill a girl would announce beforehand that he was going to her flat,<ref>Deposition of Dasarath Murmu (PW 7), recorded in page 107 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> was pointed out by the defense counsel at the ]. The Hon'ble judges observed: "Human conduct varies from person to person in a given situation. How a person would react to a particular situation depends on a variety of factor such as age, education, temperament, intelligence, presence of mind and moral upbringing."<ref>Judgment of the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991, 7 August 1992, Mukul Gopal Mukherji and J.N. Hore, JJ, page 27.</ref> | |||
| The defense counsel had also pointed out that it is extremely unlikely for an assailant, who has just committed rape and murder, to come out in the balcony of the flat only to respond to the call of someone at the ground floor.<ref name=":1" /> The judges of the ] explained: "It was not improbable that on the part of the accused to come out on the balcony and declare that he was coming down soon. In this situation he acted rather cleverly in dispelling the possible suspicion and the danger of PW 6 and PW 7 coming upstairs and preventing his escape."<ref>Judgment of the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991, 7 August 1992, Mukul Gopal Mukherji and J.N. Hore, JJ, page 28.</ref> | |||
| The ] brushed aside the issue of Dhanajoy's unsoiled clothes even after a so-called rape and a messy murder, by speculating that he "must have removed" his clothes beforehand.<ref>Judgment of the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991, 7 August 1992, Mukul Gopal Mukherji and J.N. Hore, JJ, pages 27, 31.</ref> The Court was not bothered with follow-up questions, e.g., why the girl was patiently waiting while her attacker disrobed, why there was no evidence of her being gagged or tied up, why she would not raise an alarm, why she would not attack him with utensils or pieces of furniture, why she would not lock herself up in a room, how a button could be forcibly removed from the shirt Dhananjoy was no longer wearing,<ref name=":2">{{Cite web|url = http://www.india-hanged-innocent.org/PDFs/dhananjoy-report.pdf|title = A re-analysis of the case of the murder of Hetal Parekh|date = 10 November 2015|accessdate = 30 November 2015|website = Debasis Sengupta and Probal Chaudhuri|publisher = |last = |first = }}</ref> and how would he manage the extra time to undress and dress up again.<ref>{{Cite web|url = http://www.pudr.org/sites/default/files/pdfs/Dhananjay_Report.pdf|title = Dead Wrong: Why was Dhananjoy Chatterjee Hanged?|date = September 2015|accessdate = 1 December 2014|website = page 11|publisher = PUDR|last = |first = }}</ref> | |||
| Dismissing the defense's submission that the complaint letters regarding Hetal's purported teasing by Dhananjoy had been seized after a long delay, the ] said: "In any event the seizure of the documents on 29.6.1990, after the appellant had been arrested only a couple of weeks earlier, would not go to show that the documents were either fabricated or were an afterthought."<ref>{{Cite web|url = http://judis.nic.in/supremecourt/imgst.aspx?filename=11728|title = Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal, para 10.1, page 232|date = 11 January 1994|accessdate = 1 December 2015|website = Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal|publisher = Supreme Court of India|last = |first = }}</ref> There is a good amount of distortion of facts in this statement. Dhananjoy had been arrested on 12 May 1990, which was about seven weeks before the seizures.<ref>Deposition of Salil Basu Chowdhury, Investigating Officier (PW 29), recorded in page 182 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> Further, Dhananjoy's arrest should have had nothing to do with the seizures. If the complaint letter had been genuine, the matter would have come to light on the night of the murder itself, which took place seventeen weeks before the seizures.<ref name=":0">{{Cite web|url = http://judis.nic.in/supremecourt/imgst.aspx?filename=11728|title = Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal|date = 11 January 1994|accessdate = 1 December 2015|website = A. S. Anand and N. P. Singh, JJ, para 1, page 226|publisher = Supreme Court of India|last = |first = }}</ref> | |||
| Hetal’s mother narrated in court what she described as Hetal’s complaint to her about teasing by Dhananjoy three days prior to the murder. This description was treated by the ] as the ] of the deceased,<ref>Judgment of | |||
| the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal | |||
| Appeal No. 272 of 1991, 7 August 1992, Mukul Gopal Mukherji and J.N. | |||
| Hore, JJ, page 18-21.</ref> even though the mother's failure to report this vital fact to the police<ref>Deposition of Gurupada Som, Investigating Officer (PW 28) recorded in page 178 of the paper-book prepared for the High Court at Calcutta on Death Reference No. 3 of 1991 and Criminal Appeal No. 272 of 1991.</ref> shows that it was probably an afterthought. | |||
| The ] judgment cited extraneous reasons for arriving at a decision on the ] of Dhananjoy Chatterjee. The judgment explicitly mentioned reports on "rising" rates of crime against women, as one of the considerations for its decision. It stressed the need for courts to "respond to the society's cry for justice against the criminals".<ref>{{Cite web|url = http://judis.nic.in/supremecourt/imgst.aspx?filename=11728|title = Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal|date = 11 January 1994|accessdate = 1 December 2015|website = A.S. Anand and N.P. Singh, JJ, para 15, page 240|publisher = Supreme Court of India|last = |first = }}</ref> This court demonstrated that it was ready to respond to that cry. Such occurrences could give rise to the perception that the courts may have been persuaded by media reports, as there is no direct channel through which societal sentiments can reach the courts. | |||
| Nineteen years after this verdict by the ], another bench of the Supreme Court observed that ], the "criminal test"<ref>{{Cite web|url = https://indconlawphil.wordpress.com/tag/death-penalty/|title = One small step towards abolition?|date = 12 November 2014|accessdate = 2 December 2015|website = Indian Constitutional Law and Philosophy|publisher = |last = |first = }}</ref> had not been satisfied in the sentencing of Dhananjoy Chatterjee.<ref>{{Cite web|url = http://judis.nic.in/supremecourt/imgst.aspx?filename=40330|title = Judgment on Criminal Appeal nos. 362-363 of 2010|date = 25 April 2013|accessdate = 1 December 2015|website = Shankar Kisanrao Khade vs State Of Maharashtra, 25 April 2013, para 22|publisher = Supreme Court of India|last = |first = }}</ref> | |||
| == Debates before execution == | |||
| Dhananjoy's execution was scheduled on 25 June 2004 but it was stayed after his family petitioned the ], and filed a mercy plea with the then President Late Dr. ].<ref name=":3">{{Cite news|url = http://www.thehindu.com/2004/06/30/stories/2004063003741300.htm|title = Controversy rages over Dhananjoy issue|last = Bhattacharyya|first = Malabika|date = 30 June 2004|work = The Hindu|access-date = 2 December 2015|via = }}</ref> On 26 June 2004 a campaign to ensure Dhananjoy's hanging was initiated. Mrs. Meera Bhattacharjee, wife of Mr. ] the then Chief Minister of West Bengal, was at the forefront of this campaign. She made a passionate plea for Dhananjoy's hanging after providing details of the crime (e.g., that the rape was committed on a 14-year-old girl after she had been murdered)<ref name=":3" /><ref>{{Cite news|url = http://www.telegraphindia.com/1040627/asp/frontpage/story_3423327.asp|title = Wife adds tears to Buddha’s hang-him cry - Meera Bhattacharjee joins campaign to ensure condemned rapist ‘gets what he deserves’|last = |first = |date = |work = The Telegraph, Calcutta|access-date = 2 December 2015|via = }}</ref><ref>{{Cite news|url = http://www.outlookindia.com/news/article/dhananjays-execution-demanded-at-open-debate-in-city/231112|title = Dhananjay's execution demanded at open debate in city|last = |first = |date = |work = Outlook|access-date = 2 December 2015|via = }}</ref> that are contradicted by evidence on record.<ref name=":0">{{Cite web|url = http://judis.nic.in/supremecourt/imgst.aspx?filename=11728|title = Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal|date = 11 January 1994|accessdate = 1 December 2015|website = A. S. Anand and N. P. Singh, JJ, para 1, page 226|publisher = Supreme Court of India|last = |first = }}</ref> Several individuals and human rights groups came forward to oppose the execution.<ref>{{Cite news|url = http://www.frontline.in/static/html/fl2117/stories/20040827004602100.htm|title = The case of death sentence|last = Chattopadhyay|first = Suhrid Sankar|date = 14 August 2004|work = Frontilne|access-date = 2 December 2015|via = }}</ref><ref name=":5">{{Cite news|url = http://news.bbc.co.uk/2/hi/south_asia/3562278.stm|title = India carries out rare execution|last = |first = |date = 14 August 2004|work = BBC News|access-date = 2 December 2015|via = }}</ref> The mercy plea was finally rejected by the president on 4 August 2004.<ref>{{Cite news|url = http://www.rediff.com/news/2004/aug/04dhan.htm|title = Kalam rejects Dhananjoy's mercy petition|last = Singh|first = Onkar|date = 4 August 2004|work = rediff.com|access-date = 2 December 2004|via = }}</ref> The family refused to claim his body;<ref name=":5">{{Cite news|url = http://news.bbc.co.uk/2/hi/south_asia/3562278.stm|title = India carries out rare execution|last = |first = |date = 14 August 2004|work = BBC News|access-date = 2 December 2015|via = }}</ref> it was later ].<ref name=":4" /> | |||
| ⚫ | The date of Dhananjoy's execution was fixed at a high-level meeting at the office of Jail Minister ].<ref>{{Cite news|url = http://www.rediff.com/news/report/kolkata/20040810.htm|title = Dhananjoy hanging: August 14, 0430 IST|last = |first = |date = 10 August 2004|work = rediff.com|access-date = 2 December 2015|via = }}</ref> | ||
| ⚫ | This was the first hanging in West Bengal since 21 August 1991, when murder convicts, ] and ], were hanged at ].<ref>{{cite web|url=http://expressindia.indianexpress.com/news/fullstory.php?newsid=32742|title='I hanged my first victim when I was 16'|work=indianexpress.com}}</ref><ref>{{cite web|url=http://www.telegraphindia.com/1040805/asp/calcutta/story_3583755.asp|title=The Telegraph - Calcutta : Metro|work=telegraphindia.com}}</ref><ref>https://www.amnesty.org/ar/library/asset/ASA20/039/1991/es/400235c5-f941-11dd-92e7-c59f81373cf2/asa200391991en.pdf</ref> | ||
| == |
== Execution == | ||
| Dhananjoy's execution was scheduled on 25 June 2004.It was stayed after his family petitioned the ], and filed a mercy plea with the then President Late Dr. ].<ref name=":3">{{Cite news|url = http://www.thehindu.com/2004/06/30/stories/2004063003741300.htm|title = Controversy rages over Dhananjoy issue|last = Bhattacharyya|first = Malabika|date = 30 June 2004|work = The Hindu|access-date = 2 December 2015|via = }}</ref> On 26 June 2004 a campaign to ensure Dhananjoy's hanging was initiated. Mrs. Meera Bhattacharjee, wife of Mr. ] the then Chief Minister of West Bengal, led the campaign.<ref name=":3" /><ref>{{Cite news|url = http://www.telegraphindia.com/1040627/asp/frontpage/story_3423327.asp|title = Wife adds tears to Buddha’s hang-him cry - Meera Bhattacharjee joins campaign to ensure condemned rapist ‘gets what he deserves’|last = |first = |date = |work = The Telegraph, Calcutta|access-date = 2 December 2015|via = }}</ref><ref>{{Cite news|url = http://www.outlookindia.com/news/article/dhananjays-execution-demanded-at-open-debate-in-city/231112|title = Dhananjay's execution demanded at open debate in city|last = |first = |date = |work = Outlook|access-date = 2 December 2015|via = }}</ref><ref name=":0">{{Cite web|url = http://judis.nic.in/supremecourt/imgst.aspx?filename=11728|title = Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal|date = 11 January 1994|accessdate = 1 December 2015|website = A. S. Anand and N. P. Singh, JJ, para 1, page 226|publisher = Supreme Court of India|last = |first = }}</ref> Several individuals and human rights groups came forward to oppose the execution.<ref>{{Cite news|url = http://www.frontline.in/static/html/fl2117/stories/20040827004602100.htm|title = The case of death sentence|last = Chattopadhyay|first = Suhrid Sankar|date = 14 August 2004|work = Frontilne|access-date = 2 December 2015|via = }}</ref><ref name=":5">{{Cite news|url = http://news.bbc.co.uk/2/hi/south_asia/3562278.stm|title = India carries out rare execution|last = |first = |date = 14 August 2004|work = BBC News|access-date = 2 December 2015|via = }}</ref> The mercy plea was finally rejected by the president on 4 August 2004.<ref>{{Cite news|url = http://www.rediff.com/news/2004/aug/04dhan.htm|title = Kalam rejects Dhananjoy's mercy petition|last = Singh|first = Onkar|date = 4 August 2004|work = rediff.com|access-date = 2 December 2004|via = }}</ref> | |||
| ⚫ | The date of Dhananjoy's execution was fixed at a high-level meeting at the office of Jail Minister ].<ref>{{Cite news|url = http://www.rediff.com/news/report/kolkata/20040810.htm|title = Dhananjoy hanging: August 14, 0430 IST|last = |first = |date = 10 August 2004|work = rediff.com|access-date = 2 December 2015|via = }}</ref>He was executed on 14 August, 2004. | ||
| == Demand for fresh investigation and exoneration == | |||
| Since June 2015, new evidence that Dhananjoy may have been completely innocent has come to light.<ref name=":2">{{Cite web|url = http://www.india-hanged-innocent.org/PDFs/dhananjoy-report.pdf|title = A re-analysis of the case of the murder of Hetal Parekh|date = 10 November 2015|accessdate = 30 November 2015|website = Debasis Sengupta and Probal Chaudhuri|publisher = |last = |first = }}</ref> Subsequently there has been a growing demand for a fresh investigation into the murder of Hetal Parekh and ] of Dhananjoy Chatterjee.<ref name=":9" /><ref>{{Cite news|url = http://www.thehindu.com/todays-paper/tp-national/execution-of-dhananjoy-erroneous-pudr/article7422904.ece|title = Execution of Dhananjoy Chatterjee erroneous: PUDR|last = |first = |date = 15 July 2015|work = The Hindu|access-date = 2 December 2015|via = }}</ref> Follow-up demands of posthumous ] of Dhananjoy Chatterjee and abolition of the ] are also being heard.<ref>{{Cite journal|url = http://www.epw.in/editorials/hanging-question.html|title = The hanging question|last = Editorial|first = |date = 25 July 2015|journal = Economic and Political Weekly|doi = |pmid = |access-date = 2 December 2015}}</ref><ref>{{Cite news|url = http://www.telegraphindia.com/1150802/jsp/7days/story_34917.jsp|title = You were wrong, My Lords|last = Chatterjee|first = Avijit|date = 2 August 2015|work = The Telegraph, Calcutta|access-date = 2 December 2015|via = }}</ref> On 24 January 2016, such a demand was raised collectively by the people in a street meeting held in Chhatna, Bankura near Dhananjoy's native village.<ref>{{Cite news|url = http://www.india-hanged-innocent.org/PDFs/EiSamay25Jan2016p11s.pdf|title = Signature campaign demanding reinvestigation of Dhananjoy's hanging|last = Bag|first = Rajendranath|date = 25 January 2016|work = Ei Samay|access-date = 15 February 2016|via = }}</ref><ref>{{Cite news|url = http://www.epaper.eisamay.com/Details.aspx?id=20736&boxid=143328392|title = Signature campaign demanding reinvestigation of Dhananjoy's hanging|last = Bag|first = Rajendranath|date = 25 January 2016|work = Ei Samay|access-date = 15 February 2016|via = }}</ref> | |||
| The family refused to claim his body<ref name=":5" /> and it was later ].<ref name=":4" /> | |||
| Eminent professors from ISI Kolkata and social activists , Debasish Sengupta, Prabal Choudhury, Paramesh Goswami have published their research work citing the dubious nature of the investigation and court statement on Dhananjay. The book is published by Guruchandali publication ,Kolkata.Titled as Adalat-Media-Samaj Ebong Dhananjayer Fashi (which can be loosely translated as Court-Media-Society and Dhananjay's Hanging), the work tries to detail the boundary conditions of the murder, the incompleteness and pre-bias of the investigation process and the role of media and social superstructures to influence judiciary systems of the state.<ref>{{Cite news|url = http://www.rubanshop.com/book/Aadalat-Media-Samaj-Ebong-Dhanonjoyer-Fanshi/TVRBM05UVWpJeU1qTVE9PQ|title = Adalat-Media-Samaj Ebong Dhananjayer Fashi|last = Link |first = Book's|date = 12 August 2016|work = by ISI professors |access-date = 12 August 2016|via = }}</ref> | |||
| ==See also== | ==See also== | ||
| * ] | * ] | ||
| * ] | |||
| * ] | * ] | ||
| * ] | |||
| * ] | |||
| * ] | |||
| * ] | |||
| * ] | |||
| ==References== | ==References== | ||
| Line 85: | Line 42: | ||
| ==External links== | ==External links== | ||
| * - website containing scanned copies of parts of the paper-book, with index | |||
| * - PUDR press release, 13 July 2015 | |||
| * – article in Mid-day dated 4 August 2004 | |||
| * – article in the ] dated 5 August 2004 referring to his mercy petition being rejected by the President of India | * – article in the ] dated 5 August 2004 referring to his mercy petition being rejected by the President of India | ||
| * – article in sify.com dated 5 August 2004 | |||
| * – article in sify.com dated 10 August 2004 | |||
| * – article in indiainfo.com dated 10 August 2004 | |||
| * – MSNBC article dated 10 August 2004. | |||
| * – article in the ] on 11 August 2004 | * – article in the ] on 11 August 2004 | ||
| * – article in HTTabloid.com dated 11 August 2004 | * – article in HTTabloid.com dated 11 August 2004 | ||
| * – article in Indian Express dated 14 August 2004 | * – article in Indian Express dated 14 August 2004 | ||
| * – article in indolink.com dated 14 August 2004 | |||
| * – Kolkata dated 2 September 2016 | |||
| * – Kolkata dated 12 August 2016 | |||
| {{Rape in India}} | {{Rape in India}} | ||
| Line 115: | Line 62: | ||
| ] | ] | ||
| ] | ] | ||
| ] | ] | ||
Revision as of 17:30, 22 August 2017
Dhananjoy Chatterjee (14 August 1965 – 14 August 2004) was the only person who was judicially executed in India in the 21st century for a crime not related to terrorism. The execution by hanging took place in Alipore Central Correctional Home, Kolkata, on 14 August 2004. He was charged with the crimes of rape and murder of Hetal Parekh, an 18-year-old school-girl.
The execution stirred up public debates and attracted immense attention from media. Dhananjoy was convicted on the basis of circumstantial evidence, maintaining innocence throughout his trial and imprisonment, which lasted for more than 14 years.
This was the first hanging in West Bengal since 21 August 1991, when murder convicts, Kartick Sil and Sukumar Burman, were hanged at Alipore Jail.
Personal Life
Dhananjoy was born in Kuludihi,Bankura West Bengal, India and worked as a security guard in Kolkata.
Case details
Hetal Parekh was a student of Welland Gouldsmith School at Bowbazar, Kolkata. She used to live with her parents and elder brother in a third floor flat of Anand Apartments in Bhawanipore. The Parekhs moved into this flat in 1987. Dhananjoy was a security guard of this agency. He had worked in that building for about three years.
On 5 March 1990, Dhananjoy performed security duty during the morning shift (6 am to 2 pm). Hetal left for her ICSE examination at about 7:30 am. After the examination, she returned home. In the afternoon, only Hetal and her mother were there in the flat.
Hetal's mother went to visit a temple in the vicinities in the afternoon. After returning from the temple, she being unable to enter her home, despite repeated knocking, asked some servants of other flats to break the door open. Hetal was found lying dead near the door connecting the living room with the Parekh couple's bedroom with blood stains on her face and on the floor. Two local doctors examined Hetal and declared her dead.
Dhananjoy was not seen in the area after the murder had been discovered. He became the focal point of police investigations. He was eventually arrested by the police from his village home at Kuludihi near Chhatna, Bankura, in the early hours of 12 May 1990.
The case was investigated by the Detective Department of Kolkata Police. The chargesheet prepared by the police included the charges of rape, murder and the theft of a wrist watch. The trial took place in the second court of the Additional Sessions Judge at Alipore. Since there was no direct witness to the murder, the case hinged on circumstantial evidence only. After the sessions court convicted Dhananjoy of all the offenses and sentenced him to death, the High Court at Calcutta and the Supreme Court of India upheld the conviction and the death sentence.The Supreme Court convicted Dhananjoy and regarded the crime as a heinous combination of offenses, aggravated by the fact that as a security guard Dhananjoy had been in charge of the victim’s safety--enough to make it belong to the rarest of rare category of crimes-warranting a death sentence.
Claims of innocence
Dhananjoy had claimed repeatedly during his trial that he was completely innocent and that he had nothing to do with the murder, rape or theft. He maintained his stance till the day of his execution.
Controversies
Some academics and lawyers have questioned the validity of the death sentence and the proceedings of the trial.Professors from ISI Kolkata--Debasish Sengupta, Prabal Choudhury and Paramesh Goswami have conducted investigative journalism on the issue; publishing the findings in a book titled Adalat-Media-Samaj Ebong Dhananjayer Fashi (Court-Media-Society and The Hanging of Dhananjoy).It criticized the handling of the case, the media-trial and faulted the delivered judgement.The film Dhananjay is primarily based on the book.
Execution
Dhananjoy's execution was scheduled on 25 June 2004.It was stayed after his family petitioned the Supreme Court of India, and filed a mercy plea with the then President Late Dr. APJ Abdul Kalam. On 26 June 2004 a campaign to ensure Dhananjoy's hanging was initiated. Mrs. Meera Bhattacharjee, wife of Mr. Buddhadeb Bhattacharjee the then Chief Minister of West Bengal, led the campaign. Several individuals and human rights groups came forward to oppose the execution. The mercy plea was finally rejected by the president on 4 August 2004.
The date of Dhananjoy's execution was fixed at a high-level meeting at the office of Jail Minister Biswanath Chowdhury.He was executed on 14 August, 2004.
The family refused to claim his body and it was later cremated.
See also
References
- "Six convicts in death row in Bengal jails". The Times of India.
- "The Hindu : Front Page : Dhananjoy hanged". thehindu.com.
- ^ "Judgment in the case of Dhananjoy Chatterjee vs. State of West Bengal". A. S. Anand and N. P. Singh, JJ, para 1, page 226. Supreme Court of India. 11 January 1994. Retrieved 1 December 2015.
- "Right to Live". Documentary by M S Sathyu. PSBT India. 7 January 2015. Retrieved 30 November 2015.
- "The last hanging took 14 years after rape and murder".
- "'I hanged my first victim when I was 16'". indianexpress.com.
- "The Telegraph - Calcutta : Metro". telegraphindia.com.
- https://www.amnesty.org/ar/library/asset/ASA20/039/1991/es/400235c5-f941-11dd-92e7-c59f81373cf2/asa200391991en.pdf
- N., Jayaram (21 July 2015). "How India hanged a poor watchman whose guilt was far from established". scroll.in. Retrieved 9 December 2015.
- "Dhananjoy's last words: I am innocent". Times of India. 15 August 2004. Retrieved 1 December 2015.
- ^ Bhattacharya, Malabika (15 August 2004). "Dhananjoy hanged". The Hindu. Retrieved 2 December 2015.
- "Dhananjoy pleaded innocence till last: Hangman". rediff.com. 14 August 2004. Retrieved 7 December 2015.
- ^ Bhattacharyya, Malabika (30 June 2004). "Controversy rages over Dhananjoy issue". The Hindu. Retrieved 2 December 2015.
- "Wife adds tears to Buddha's hang-him cry - Meera Bhattacharjee joins campaign to ensure condemned rapist 'gets what he deserves'". The Telegraph, Calcutta. Retrieved 2 December 2015.
- "Dhananjay's execution demanded at open debate in city". Outlook. Retrieved 2 December 2015.
- Chattopadhyay, Suhrid Sankar (14 August 2004). "The case of death sentence". Frontilne. Retrieved 2 December 2015.
- ^ "India carries out rare execution". BBC News. 14 August 2004. Retrieved 2 December 2015.
- Singh, Onkar (4 August 2004). "Kalam rejects Dhananjoy's mercy petition". rediff.com. Retrieved 2 December 2004.
- "Dhananjoy hanging: August 14, 0430 IST". rediff.com. 10 August 2004. Retrieved 2 December 2015.
External links
- "Dhananjoy to be hanged" – article in the Indian Express dated 5 August 2004 referring to his mercy petition being rejected by the President of India
- "Dhananjoy Chatterjee to be hanged on Saturday" – article in the Deccan Herald on 11 August 2004
- "On death row Chatterjee gets a reprieve" – article in HTTabloid.com dated 11 August 2004
- "Dhananjoy Chatterjee cremated" – article in Indian Express dated 14 August 2004
- 1965 births
- 2004 deaths
- People executed for murder
- People executed by India by hanging
- Indian rapists
- 21st-century executions by India
- Executed Indian people
- Indian murderers of children
- People convicted of murder by India
- Indian people convicted of murder
- Violence against women in India
- Sex crimes in India
- Criminals from West Bengal