New Delhi [India]: A Delhi court has framed charges against four accused in the murder case of deceased Deepak in connection with violence in north east Delhi in February 2020 and said after hearing counsels for the parties and perusing the charge-sheet and supplementary charge-sheet along with accompanying record that the prosecution case has ample merits.
Additional Sessions Judge Amitabh Rawat on November 9, framed charges against all the four accused persons. Accordingly, charges for the offence under Section 147/148/302 IPC read with Section 149 IPC and Section 302 IPC read with Section 120-B IPC have been framed against all the four accused persons to which they have pleaded not guilty and claimed trial.
The Court also said, “On the basis of material on record, I am of the opinion that there are grounds for presuming that the accused persons namely Anwar Hussain, Kasim, Shahrukh@ Rinku and Khalid Ansari have committed offences under Section 147 IPC, 148 IPC, 302 IPC, read with Section 149 IPC and under Section 302 IPC read with Section 120-B IPC.”
The Court also noted that the judicial TIP proceedings were conducted of all the said accused persons in relation to the said public witness and only one agreed while the rest declined to undergo the judicial TIP and an adverse inference will have to be drawn against the said accused persons for their refusal to participate in the said TIP proceedings. One accused namely Shahrukh @ Rinku who did participate in the TIP proceedings was duly identified in the TIP by the said witness.
Thus, for the purpose of the charge, the prosecution has been able to satisfy the court that an unlawful assembly including accused persons in the prosecution of their common object had committed riots and hit the deceased Deepak with a deadly weapon causing his death. Since the unlawful assembly was fully armed and in that pursuit, they had chased, apprehended and killed the deceased and from their conduct, it can be said that it was a case of criminal conspiracy, said the Court in the order.
More than 750 cases were registered over the northeast Delhi violence, in which at least 53 people were killed and several others were injured. So far, over 250 charge sheets have been filed in the riots related cases in which many accused have been charge-sheeted.