Delhi Riots: Court Frames Charges Against 4 Men For Being Part Of Armed Mob Which Fired On Three Public Witnesses With 'Intention To Kill'

A Delhi Court has framed charges against four men in a case concerning the North East Delhi riots observing that they were part of an armed riotous mob which had fired at three public witnesses with an intention to kill.

Additional Sessions Judge Amitabh Rawat framed charges against Mohd. Juber, Mohd. Aamir, Samshuddin and Mohd. Barik under Sections 147 (rioting), 148 (rioting, armed with deadly weapon), 307 (attempt to murder) read with Section 149 (unlawful) of IPC. However, the Court discharged them for offences punishable under Sections 336 (act endangering life or personal safety of others) and 120B (criminal conspiracy) of IPC.

"...the said accused persons themselves did not fire nor was pistol or bullet recovered in the present case. As far as charge u/s. 120 B IPC is concerned, there is nothing on record to show prior meeting of the minds for the purpose of criminal conspiracy but there was an armed unlawful assembly of riotous mob consisting of accused persons and which had fired at the public witnesses with an intention to kill them," the Judge said.

The Court was of the view that there was a firing by the said riotous mob consisting of the accused persons in prosecution of their common object to do rioting and to kill three witnesses.

"Thus, accused persons are liable u/s. 149 IPC but discharged of the offence punishable u/s. 120B IPC," the Court added.

The development came in FIR 116/2020 registered at Jafrabad police station under Sections 147, 148, 149, 336, 120B and 307 of IPC.

It was the case of the prosecution that the accused persons alongwith others formed an unlawful assembly and in prosecution of their common object fired at public witnesses namely Vinod Kumar, Vijay, Man Mohan and Varun.

The said public witnessed had given statements that they were present in their houses when the armed rioters had attacked them. It was stated that the said rioters were roaming in the area and shouting Allah-ho-Akbar and people were terrified.

"From the strength of the statement of all three public witnesses Vinod Kumar, Man Mohan and Varun, it is clear from their statement that armed rioters had formed unlawful assembly and in prosecution of their common object on 26.02.2020 at about 10.30 pm at Chudi gali, Maujpur, Delhi fired at Vinod Kumar, Vijay, Man Mohan and Varun. It has come categorically in their statements that all four accused persons had fired at them with an intention to kill them," the Court said.

Accordingly, charges were framed against the four.

Case Title: State Vs. Md. Juber & Others

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