NEW DELHI: A Delhi court has framed charges of rioting, attempts to murder and dacoity against three persons for allegedly attacking a man with a sword during the 2020 northeast Delhi riots.
This case is connected with the FIR registered in Karawal Nagar police station of North East Delhi. This case was registered on the complaint of the father of the victim Jafar Jiya.
Additional Sessions Judge Pulastya Pramachala framed charges against three accused Vinay, Rahul and Sourabh Sharma alias Sonu for offences related to rioting, unlawful assembly, attempt to murder and dacoity. All three accused are on bail in this case.
The judge said, “I do find a prima facie case against all three accused persons for offences punishable under Section 147, 148, 427, 307, 395 of IPC read with Section 149 IPC. However, no case is made out for offence under Section 436 (mischief by arson) IPC.”
Special public prosecutor RCS Bhadoria argued that there is sufficient evidence to frame charges under sections of attempt to murder and dacoity against the accused persons.
The court said, “It is well established that injured Jafar Jiya was assaulted with a sword on his head by the rioters and it is a matter of common knowledge that assaulting a person on his head with a sword can cause the death of that person, therefore, a case of attempt to murder is prima facie reflected against the accused persons.”
The court also said, “Amount of Rs 5,000 and other documents related to motorcycle were also robbed from the complainant by a mob, which apparently consisted of more than five persons.”
The court further observed, “Just because all the five persons or other members of the mob could not be traced and charge-sheeted by the investigating agency, it cannot be said that robbery was not committed by a group of five or more persons.”
The judge observed, “In these circumstances, I also find a prima facie case for the offence ofdacoity being made out against the accused persons.”
In this case, the FIR was registered on the complaint of one Hamid Ali.
He alleged that on February 24, 2020, at about 10:30 pm, his son namely Jafar Jiya was on the way from Khajuri and before the check post of Karawal Nagar, suddenly 20 or 25 miscreants or rioters ran towards him and asked his name after pushing him down from the motorcycle. They struck several times on the head of Jafar Jia with the sword, due to which he got severely injured.
The complainant further alleged that his son escaped for saving his life and fell unconscious after moving away from that place. In the meantime, some people came to his son and brought him to his senses. They found out the address of the house and took him home.
Ali said that after coming to his senses, his son told him all the things, and he immediately took him to the nearest hospital for treatment, where the stitches were applied.
According to him, his son sometimes faints at home, his brain never works and sometimes talks when he regains consciousness.
During the investigation, investigation officer (IO) HC Shafiq Ahmed searched for CCTV cameras nearby, but he did not find any CCTV cameras there. The statement of injured Jafar Jiya was recorded by the IO.
On March 07, 2020, head constable Purshotam informed that three accused namely Rohit, Virender and Sonu alias Ashwani was arrested in another FIR who have been involved in other cases also. They were arrested and sent to judicial custody.
The Main charge sheet was filed against six accused persons namely Sonu alias Ashwini, Virender, Rohit, Vinay, Rahul and Ranjeet in the matter.
However, on January 5, 2021, Karkardooma Courts had taken cognizance of only against two accused Vinay and Rahul and declined to take cognizance of offences against the remaining four accused persons, observing that there was no sufficient material on the record for proceeding against any of them.
Thereafter, the case was committed to the Court of Sessions on September 7, 2021.
On December 23 2021, the first supplementary charge sheet was filed against another accused Sourabh Sharma alias Sonu including accused Vinay and Rahul.
This article first appeared in newindianexpress.com