“Common Object Was To Attack & Kill Members Of Muslim Community”: Court Frames Charges Against 4 In Suleman Murder Case During Delhi Riots

By Nupur Thapliyal

A Delhi Court on Wednesday framed charges against 4 men for killing one Suleman during the North East Delhi riots observing that the common objective of the unlawful assembly, of which the accused were part of, was to attack and kill members of the Muslim Community. 

Additional Sessions Judge Virender Bhat framed charges against Vishal Kumar, Hemant Pratap Singh, Ashish Kumar and Gaurav under sec. 147, 148, 149, 153A, 323, 326, 341, 365, 395, 302 read with sec. 149 of the Indian Penal Code.

The four men were accused of being members of an unlawful assembly which had attacked Suleman, his friends Sanober & Mamur and their co­-worker Sunil Kumar. It was the case of the prosecution that Suleman and his brother, belonging to Muslim community were thrashed and beaten.

While Sanober received severe injuries but managed to save his life, Suleman was mercilessly beaten and then thrown in the drain by the mob,taking him for dead.

The Court took note of the statements given by Sanober and Sunil who categorically gave an account of the series of events which had occurred afterthey were attacked by the mob.

Both had identified all the four accused persons to be present in the mob attacking them after cctv footage was shown to them.

“The “common object” of this kind of riotous of which the accused herein were part, can be easily inferred from the CCTV footage and from the detailed version of the incident given by the above named wit­nesses. The ocular version of the incident given by these three witnesses and the electronic evidence in the shape of CCTV footage cannot be discarded at this stage in the absence of any cogent and reasonable ground. Hence, no case for discharge of the accused is made out,” the Court said.

Noting that the accused persons were seen prodding and pushing Suleman with sticks in the video footage and the still photographs placed on record, record, the Court opined that it was difficult to say that the common object of the un­lawful assembly was not to kill anyone.

“What is evident that Sanober defied death by dint of providence only. When he regained consciousness, the rioters were busy in beating Suleman and he got the opportunity to run away to save himself or otherwise he too would have met the same fate as his friend Suleman. It further appears that after beating Suleman mercilessly, the rioters took him for dead and accordingly pushed his body in the dirty drain. The intention was, manifestly, to kill him,” the Court said.

Charges were framed against the four accordingly.

This story first appeared livelaw.in