'Calculated Attack On Victim By Unlawful Assembly': Court Frames Charges Against Four For Murdering One During Delhi Riots

A Delhi Court has framed charges against four men for allegedly being part of an unlawful assembly which committed violence with a common objective of rioting and murdering one Deepak during the North East Delhi riots.

There was a calculated attack on the victim, the Court said.

"…the manner of their mobilization and intent as construed from their conduct, the said unlawful assembly can be said to have conducted itself for riots and other offences like murder of deceased Deepak, in prosecution of their common object. The conspiracy is also writ large by the calculated attack on the victim by the unlawful assembly," Additional Sessions Judge Amitabh Rawat observed.

The Court framed charges against Anwar Hussain, Kasim, Shahrukh and Khalid Ansari under Sections 147 (rioting), 148 (Rioting, armed with deadly weapon), 302 (Murder), read with Sections 149 (unlawful assembly), and 120­B (criminal conspiracy) of IPC.

During investigation, the public witnesses were examined who had stated that around 100 or 200 persons carrying stones, cudgel, sticks, knives and iron rods, etc. were attacking the mob that came from another road. It was also stated that during the riots, one person was caught by the mob including accused persons, beaten mercilessly, and finally stabbed.

It was argued by the prosecution that while accused persons namely Kasim, Khalid Ansari and Anwar Hussain refused to take part in the TIP proceedings, accused Shahrukh had participated in the same and was duly identified by the public witness.

On the other hand, it was argued on behalf of the accused persons that the names of the accused were not given in the FIR and that the witness had identified them by their name and no further TIP proceedings were conducted by the said witness.

Observing that the prosecution had ample merits, the Court was of the view that the statement of an eye witness had given the complete picture as to how the deceased was killed by the armed Muslim mob consisting of accused persons.

"The delay in recording his statement is attributed to the fact that he was under shock and had gone to his village and due to Covid situation, he had returned later and given his statement. Again Sunil a public witness/friend of the deceased having witnessed such a horrific individual crime and the general nature of the riots, and added to it, Covid situation prevailing in the country, can be understood to have given the statement late. Significantly, it is not as if the statement of Sunil Kumar has suddenly emerged out of blue in the month of June," the Court said.

Accordingly, charges were framed by the Court.

Case Title: State vs. Anwar Hussain & Ors

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