Delhi Riots: Court Frames Charges Against Eight For Murder Of Auto Driver, Discharges 11

A Delhi Court has discharged 11 men forming part of a mob of Muslim community in the murder case of one Babbu, an auto driver during the 2020 North-East Delhi riots and framed charges against 8 men who formed part of a mob of Hindu community. Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts observed that the mob of the Muslim community had no role to play in deceased's beating, rather they were sympathisers.”The statements of the witnesses and the video of the incident, show that the members of the mob of persons from Muslim community had no role to play in the beating of victim Babbu. Rather they were sympathizers for this victim,” the Court said.The Court discharged Rijwan, Israr, Taiyab, Iqbal, Juber, Maroof, Shamim, Adil, Sahabuddin, Farman and Imran. Murder charges were framed against Rahul, Sandeep, Harjeet Singh, Kuldeep, Bharat Bhusan, Dharmender, Sachin Gupta and Sachin Rastogi. The FIR was registered on the basis of complaint filed by the brother of the deceased alleging that the deceased was returning from work and reached Khajuri Chowk where a mob was pelting stones. He said that Babbu got serious injuries and was admitted in the hospital. Babbu died during treatment. His cause of death was coma as a result of head injury produced by blunt force impact. While discharging 11 men, the Court observed that the statements of the witnesses and the video of the incident showed that the members of the mob of persons from Muslim community had no role to play in the beating of victim Babbu. “Videos showed that when the persons assaulting that boy left him on the road in injured condition, the persons from the rival mob came to that boy and probably they lifted him away from that place. So, by no stretch of imagination, it could be part of common object of the mob of persons from Muslim community to assault the victim namely Babbu,” the Court said.Framing charges against other 8 accused persons, the judge observed that the statement given by different witnesses who identified them had stated that they were involved in the incident of beating of Babbu.Observing that Babbu's death consequent to his sever beating by the said accused persons was established through chain of evidence, the judge said:“What is important to be seen, is that these accused persons were identified to be part of that mob, which attacked and assaulted Babbu so badly, so as to cause his death.”The Court said that the persons in the mob were equipped with danda and they were also pelting stones and their common object was well explicit with their act, i.e. to indulge into rioting and attack over persons from rival mob or community, and Babbu was assaulted in prosecution of such common object of the said mob. “It would be well within their knowledge that hitting a boy on his head with danda and giving merciless beating, could cause death of that boy. Hence, they are liable for his culpable homicide amounting to murder,” the Court said.It added: “The act of attack over the rival mob, on the basis of them being from a different community, was certainly an act prejudicial to maintenance of communal harmony and assault on Babbu was part of such act. Sanction u/s. 196 Cr.P.C. was accorded by competent authority against these accused persons. Therefore, I also find a prima facie case of commission of offence punishable u/s. 153-A IPC against these accused persons.”Click here to read order

Delhi Riots: Court Frames Charges Against Eight For Murder Of Auto Driver, Discharges 11

Nupur Thapliyal

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