Court Frames Murder Charges Against Six Men Accused Of Burning Man Alive During Delhi Riots

A Delhi Court has framed charges against six men for allegedly murdering one Shahbaz by burning him alive during the 2020 North-East Delhi riots.

Additional Sessions Judge Pulastya Pramachala observed that the statement of witness Rahul showed that it was “pre-planned” of the mob to assemble at a given place to take revenge from Muslim persons.

"Some of the witnesses have witnessed the circumstances, which resulted in commission of offences in a pre-planned manner and in active conspiracy with each other, in order to achieve the sole aim of the mob of taking receiving from Muslim community," said the court. 

The court framed charges against Aman, Vikram, Rahul Sharma, Ravi Sharma, Dinesh Sharma and Ranjeet Rana for the offences under sections 147, 148, 149, 153A, 188, 302, 341, 395 and 120B of Indian Penal Code, 1860.

The judge additionally charged accused Aman for the offence under section 412 (who dishonestly receives or retains any stolen property) as the wrist watch recovered from him was identified in judicial Test Identification Parade (TIP) as wrist watch of the deceased.

The FIR 64 of 2020 was registered at Karawal Nagar police station on the basis of the complaint of an ASI. According to the chargesheet, Shahbaz’s dead body was first seen by a Sub-Inspector of Khajuri Khas police station who was searching the same as per the information of one Saqib, friend of the deceased.

During the investigation, Shahbaz’s brother told Police that when he went to search the deceased, he was told by one Ankit that his brother had been murdered and burnt alive by the rioters on February 25, 2020.

It is the prosecution’s case that since the rioters were specifically assaulting Muslims on that day, the deceased’s brother could not reach at Khajuri Pusta Road due to fear. Two days later, he got to know that police had taken one burnt dead body to the hospital.

As there was only one skull piece and some pelvic bones of the dead body, its identity was not possible on physical appearance and the same was identified to be belonging to Shahbaz after matching of his father’s DNA samples with burnt body parts.

While framing charges, the court observed the statement of three witnesses showed that the accused persons were actively part of the mob which had earlier gathered on February 24, 2020, and properly planned to commit riots on February 25, 2020.

“Accused persons joined this mob being aware of the planning. They had also done so by being an active member of an unlawful assembly having its common object of causing harm and damage to the person and property of Muslim community, violating the provisions of Section 144 Cr.P.C, promoting enmity between different groups on the ground of religion, causing the killing of the present victim i.e. deceased Shahbaz,” the judge said.

The court also added that there are eye witnesses, who claimed to have seen the accused persons being part of the mob, committing assault and killing Shahbaz on February 25, 2020. It also noted that some of the witnesses were relevant for proving extra judicial confession made by some of the accused persons.

“Such evidence read along with extra judicial confession of accused Aman, raises a very grave suspicion against all accused including Ranjeet Rana and Vikram that they joined this mob in furtherance to the pre plan and objective of this mob, which killed deceased Shahbaz and, in all possibility, the said Muslim boy would be none other than the victim deceased Shahbaz,” the court said. 

It added: “Section 153 A clause 1 (b) makes a person liable if such person commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity. The act of accused persons certainly falls in such category, which was prejudicial to the maintenance of harmony between Hindu and Muslim community.”