New Delhi: A court here has framed charges against five accused for the offences of rioting and murder in a case related to the 2020 northeast Delhi riots, saying not naming the accused in the FIR did not discredit the prosecution’s case.
Along with framing charges under various sections of the IPC, the court additionally charged one of the accused under the relevant provision of the Arms Act.
The court was hearing a case regarding the murder of Prem Singh during riots on February 25, 2020, on Main Maujpur Road in northeast Delhi.
According to the prosecution, the accused persons are Imran, Asif, Mohd. Shariq, Mohd. Shahzad and Mohd Imran were part of the riotous mob that chased and stabbed the deceased.
Thus, on the basis of material on record, I am of the opinion that there are grounds for presuming that the accused persons have committed offences under Sections 143 (Punishment for being a member of unlawful assembly), 144( Joining unlawful assembly, armed with a deadly weapon), 147 (Punishment for rioting), 148 (Rioting, armed with a deadly weapon), 302 (Murder)of the IPC read with Section 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object) of the IPC, Additional Sessions Judge Amitabh Rawat said in an order dated September 24.
The judge further said that the accused were also liable to be charged under Sections 153 A (Promoting enmity between different religious groups) and 505 (Public mischief) of the IPC and for stabbing the deceased.
Accused Asif was charged additionally for the offence under the relevant provision of the Arms Act.
By assembling at the said point despite the promulgation of prohibitory order, the accused also committed the offence under Section 188 of the IPC, the judge said.
The court noted that the contents of the charge sheet were duly supported by the statement of the witnesses, as per which, the accused were part of a riotous mob or unlawful assembly, comprising around 250 people of a particular community, who were armed with dandas, swords, big knives, stones, desi katta (country-made pistol), pistol, etc.
According to the statements of the witnesses, the unlawful assembly was shouting slogans and attacking members of another community and the five accused had attacked and stabbed the victim, the court said.
The contention of the accused that witnesses cannot be believed or their statements were recorded late, (and) hence can’t be relied upon, cannot be a basis for discharge as it is a matter of trial, the court said.
The court also said: FIR is not an encyclopedia but the beginning point of investigation and not naming the accused in FIR, that too during the period of riots, does not discredit the case of the prosecution at all.
The court, however, discharged all accused for the offence of criminal conspiracy.
All accused, except Asif, were also discharged from the offence under the relevant provision of the Arms Act.
The welcome police station had filed the main charge sheet along with three supplementary charge sheets against the accused in the case, and after taking cognizance, a magisterial court committed the matter to the Sessions Court in March 2022.
Follow on Twitter | Posted by Neha Khan | 
