Terming it as a planned attack, a Delhi court has framed charges of murder, rioting and criminal conspiracy against four accused for allegedly killing a man during the riots here last year.
Anwar Hussain, Qasim, Shahrukh and Khalid Ansari are accused of brutally thrashing a man named Deepak near Ambedkar College on February 25, 2020. According to the post-mortem report, he died due to hemorrhagic shock.
Additional Sessions Judge Amitabh Rawat framed charges against the accused persons under necessary sections and explained them in the local language in the presence of his lawyers, on whom he pleaded not guilty and claimed trial in the case.
The judge said, “The manner of their mobilization and intent, as is presumed by their conduct, the said unlawful assembly may be conducted in the prosecution of its common object for rioting and other offenses such as the murder of the deceased Deepak.”
“A conspiracy has been hatched on the victim because of unlawful assembly,” he said in an order dated November 9.
The judge said the most important witness in the case was Sunil Kumar, who was an eyewitness to the entire incident and gave a complete picture of how the deceased Deepak was murdered by an “armed Muslim mob consisting of the accused persons”.
As per the court’s order, Sunil Kumar had said, “On February 25, a Muslim unlawful assembly coming from Kardampuri culvert was trying to cross the culvert to Gokulpur with the slogan ‘Allah ho akbar’. caught Deepak, who was brutally beaten up.”
Eyewitnesses told that he hid behind a wall behind the drain and saw the whole murder from the gap of the wall.
He also identified the four accused by their names.
“Thus, for the object of the charge, the prosecution is able to satisfy the court that in their common purpose prosecution including the accused persons an unlawful assembly led to riots and struck the deceased Deepak with a deadly weapon, causing his death.” ” The court noted.
The court said that there are grounds to hold that the four accused committed offenses under sections 147 (rioting), 148 (rioting, armed with deadly weapon) and 302 (murder) read with sections 149 (unlawfully making a member of the Legislative Assembly) is guilty of an offense committed in the prosecution of the ordinary object of the IPC).
Charges have also been framed under section 302 (murder) as well as 120B (criminal conspiracy).
Under the Code of Criminal Procedure (CrPC), an accused must be informed of the offense under which he is charged. The basic purpose of the charge is to tell them about the offense for which they have been charged so that they can prepare their defence.
After the violence between supporters of the Citizenship (Amendment) Act and its protesters spiraled out of control, communal clashes broke out in northeast Delhi in February 2020, killing at least 53 people and injuring over 700.
(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)