Delhi Riots: Court Discharges 11 Men In Dilbar Negi Murder Case, Frames Charges Against One

A Delhi Court on Wednesday discharged 11 men in a Delhi riots case alleging that a mob caused vandalism, put on fire a sweet shop as a consequence of which a 22 year old boy namely Dilbar Negi died after after sustaining burn injuries. (FIR 39/2020 PS Gokulpuri)

Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts observed that the presence of the 11 accused persons in the mob during different point of time and their involvement in other incidents of riot, cannot be a basis to make them vicariously liable for the incident which resulted into the death of Negi.

However, the judge framed charges of murder, rioting and unlawful assembly against one of the accused Mohd. Shahnawaz.

The court observed that the evidence on record showed Shahnawaz to be a part of the riotous mob, which was indulging into acts against persons from Hindu communities and their properties, so as to vandalize and them set on fire.

Charges against him have been framed for the offences under Section 148, 153A, 302, 436, 450, 149 and 188 of Indian Penal Code, 1860.

While discharging the 11 accused persons, the court perused the statement of prosecution witnesses and observed that not all of them were directly related to the alleged incident of Negi’s killing.

“It is worth to mention here that many accused persons were identified in the video of riots of different times, but they were not identified even on the basis of video by any of these two eye witnesses to say that these accused persons had also accompanied Shanu while entering into the godown just before the godown being set on fire. Therefore, the other accused persons except Shanu @ Shahnawaz, are entitled for discharge in this case,” the court said.

Negi used to work as a waiter in Anil sweet corner. The FIR was registered under Section 147 (Punishment for rioting), 148 (Rioting, armed with deadly weapon), 149 (Unlawful assembly), 302 (Murder), 201 (Causing disappearance of evidence), 436 (Mischief by fire) and 427 (Mischief causing damage) of IPC at police station Gokalpuri.

After the registration of FIR, the investigation of the case was taken up by the local police. Further investigation of the case was transferred to the SIT of Crime Branch.

During the course of investigation, twelve accused persons were arrested in the case. After investigation, charge sheet was filed on June 4, 2020.

According to the statements of public witnesses, it was stated that a riot took place where the rioters pelted stones, chanted anti Hindu slogans, ransacked and torched many shop and houses and also entered into a building and killed the deceased, who was hiding there and burnt his body along with the building.

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