New Delhi [India], June 6 : A Delhi Court, hearing North East Delhi riots case, has framed charges under sections related to attempt to murder, rioting and other offences against 13 persons.
The court said that a criminal conspiracy was hatched to achieve the object of attacking persons from the Hindu community.
This case pertains to a case registered at police Station New Usman Pur during North East Delhi riots in February 2020.
Additional Sessions Judge (ASJ) Pulastya Pramachala framed charges against Mohd. Anas, Mobin, Mohd. Javed Khan alias Shanu, Faisal, Shahjad Khan alias Montu, Shoaib Khan, Imran Khan, Badshah Khan, Irfan Khan, Siraj Khan, Arman alias Arbaz, Aman alias Suhail and Iqbal Khan alias Sonu under attempt to murder, rioting, unlawful assembly, conspiracy to rioting, unlawful assembly and murder.
They are also charged with the offence of violation of orders passed by government officials.
The judge said, "On the basis of statements of witnesses including the complainant, Suraj Prakash, Munna Lal Sharma, Surender Sharma, Rajesh and Deepak as well as other materials including CCTV footage, I do find that all the accused persons, in this case, formed an unlawful assembly with a common object, including the object to attack upon persons from Hindu Community."
"They had a meeting of mind among themselves for the purpose of such attack upon persons from Hindu Community and thus, a criminal conspiracy was hatched by them to achieve this common object," the judge further observed.
The court noted in the order, "In pursuance to this criminal conspiracy and this common object, this mob chased and attacked upon the complainant, being equipped with weapons like sword, spear, danda and rod, which resulted into several simple injuries on the body of complainant."
"The complainant was hit over his head with sharp weapons. All these members of the mob were out in the Gali equipped with weapons in order to achieve the aforesaid common object, in violation of proclamation made under section 144 CrPC," the court added.
ASJ Pramachala said, "Accordingly, I do find a prima facie case for an offence punishable under section 120-B IPC read with Section 147/148/302 IPC; under sections 147/148/307 IPC read with Section 120-B and 149 IPC and under section 188 IPC against all the accused persons."
"I also find a prima facie case for an offence punishable under section 174-A IPC against accused Shoaib Khan, Imran Khan, Badshah Khan, Irfan Khan, Siraj Khan, Arman, Aman, Iqbal Khan. All the accused are liable to be tried accordingly, the judge ordered on June 3.
The judge also said that accused Shoaib Khan, Imran Khan, Badshah Khan, Irfan Khan, Siraj Khan, Arman, and Aman Iqbal Khan were absconding and they did not appear before Magistrate despite duly published proclamation to ensure their presence. At this stage, I cannot look into the defence of these accused persons.
It is alleged that on February 25, 2020, at about 8.20 pm, complainant Raman had gone to Gautam Vihar, Delhi, when he was assaulted by a group of 15-20 persons.
These persons were equipped with sticks, swords etc. and were raising the slogan of "Allah hoo Akbar". The complainant was injured with a sword and other items on his head, leg, back and other parts of his body. Subsequently, he was shifted to JPC hospital by CATS Ambulance and thereafter, he was referred to LNJP hospital.
During the probe, investigation officer (IO) obtained CCTV footage from the camera installed in a shop on Shivaji Marg, Kartar Nagar. This shop was situated near the place of the incident and in the CCTV footage the incident was seen.
On the basis of the identification of rioters, the accused persons were searched and arrested one after another.
However, accused Shoaib Khan, Imran Khan, Badshah Khan, Irfan Khan, Siraj Khan, Arman alias Arbaz, Aman alias Suhail, and Iqbal Khan alias Sonu, were absconding and hence could not be arrested initially. An order of Proclamation to ensure their presence was issued by the court.
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