A Delhi court on Wednesday discharged 11 people accused of vandalising a sweet shop and killing a 22-year-old-boy by setting him ablaze during the North-East Delhi riots of 2020.
Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts discharged the accused on the grounds that their mere presence in the mob during different points of time and their involvement in other incidents of riots could not be a basis to make them vicariously liable for the incident which resulted in the death of Dilbar Negi.
As per the case, Negi used to work as a waiter in Anil Sweet Corner. According to statements of public witnesses, the rioters ransacked the building where the deceased was hiding. They killed him and burnt his body along with the building.
Perusing the statement of prosecution witnesses, the court observed that not all of the accused were directly related to the alleged incident of Negi’s killing.
However, the judge framed charges of murder, rioting and unlawful assembly against one of the accused Mohd. Shahnawaz alias Shanu.
The court said many accused were identified in the video of riots of different times, but they were not identified even on the basis of video by any of the two eye witnesses to say that these accused had also accompanied Shanu while entering into the godown just before the godown was set on fire.
All other accused except Shanu were entitled for discharge in this case, it noted.
As per the ASJ, 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 vandalise and then set them on fire.
The court found him guilty for offences under Section 148, 153A, 302, 436, 450, 149 and 188 of the Indian Penal Code, 1860.
The FIR in the case 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.
Initially, local police conducted probe into the case, which was later transferred to the SIT of Crime Branch.
During the course of investigation, 12 accused persons were arrested in the case. A charge sheet was filed in the case on June 4, 2020.
As per the statements of public witnesses, the rioters pelted stones, chanted anti-Hindu slogans, ransacked and torched many shops and houses. They further entered a building and killed the deceased, who was hiding there and burnt his body along with the building.