Delhi court orders framing murder charges against 4 of 7 accused in Kanjhawala hit-and-drag case
Jul 27, 2023
New Delhi [India], July 27 : Delhi's Rohini Court on Thursday directed the framing of murder, conspiracy, destruction of evidence and other charges against four accused in the Kanjhawala hit-and-drag case. Three other accused in the case have been charged with destruction of evidence, harbouring of the accused, and other offences.
Additional Sessions Judge Neeraj Gaur directed to frame charges against Amit Khanna, Krishan, Manoj Mittal and Mithun under sections 302 (murder), 201 (Destruction of evidence), 212 (harbouring), and 120B (Criminal Conspiracy) of the India Penal Code (IPC).
The Court also directed the framing of charges against Deepak Khanna, Ashutosh Bhardwaj and Ankush, under sections 201, 212, 182 (Giving false information to public servant) and 34 of IPC.
These three have been discharged from section 120B of IPC.
Additionally, Amit Khanna has been charged with the section of Negligence driving.
The court will pronounce a formal order on charges on August 14.
The court had reserved order on charge on July 17.
Delhi police had filed a charge sheet under sections of murder, etc. against seven accused persons on April 1.
In the case, a girl was allegedly hit by a car and dragged under it for 13 kilometres in Sultanpuri area on the intervening night of December 31, 2022 and January 1, 2023.
Four of the accused, identified as Amit Khanna, Krishan, Manoj and Mithun, are in judicial custody. While other accused, identified as Deepak Khanna, Ashutosh, and Ankush Khanna, are on court bail.
Additional public prosecutor Atul Srivastava had appeared for Delhi police and submitted that there is sufficient evidence including CCTV footage, statement of witness, mobile location of the accused to frame charges against them.
Advocate J P Singh had appeared on behalf of the accused, namely Amit Khanna, Krishan alias Kallu, Manoj Mittal, Deepak Khanna and Ankush Khanna.
He argued that that it is a case of discharge as the allegations levelled against the accused persons have not made out.
Advocate Singh argued that prosecution does not have evidence nor any witness to prove that there was any motive behind the act by the accused persons, as to why would the accused person would commit any kind of act towards the deceased victim.
“There is no evidence or witness which shows that there was any premeditation of mind or conspiracy of the accused persons with respect to the act," the counsel argued.
He also submitted that there is no evidence or witness which shows that there was any knowledge with the accused persons with regard to the fact that the deceased was under the driving vehicle except the disclosure statement of the accused persons, there no CCTV which shows that accused persons looked under the vehicle, the screenshot which the prosecution have placed on record does not have the details of the driving vehicle neither there is anything which clearly shows the identity of the vehicle, identity of the accused persons and neither anything is clearly visible in the screenshot.
Advocate Shilpesh Chaudhary and Himanshu Yadav appeared for accused Ashutosh Bhardwaj. He was the first accused who was granted bail.
On April 13, the Magistrate court took cognizance of the charge sheet of Delhi police.
Delhi police had filed an 800-page charge sheet on April 1. Police invoked murder section against four accused. There total seven accused in this case. Three accused are on bail in the matter.
Delhi Police have invoked section of murder, destruction of evidence, conspiracy and other sections against four accused namely Manoj, Mithun, Krishan and Amit.
The other three accused Deepak, Ashutosh and Ankush have been implicated under sections related to destruction of evidence, criminal conspiracy and other offence.
The charges sheet has stated that On 01.01.2023, an FIR was registered at PS Sultan Puri, Delhi in which the victim Ms Anjali was dragged for many kilometres after getting entangled under the vehicle.
During the investigation, seven accused persons Manoj Mittal, Amit Khanna, Krishan alias Kallu, Mithun alias Arjun alias KD, Deepak Khanna, Ankush Khanna, Ashutosh Bhardwaj were arrested.
On completion of investigation, charge sheet of about 800 Pages has been prepared with around 120 witnesses cited in the present case, police said.
On the basis of the material and evidence collected during the investigation, to the best of capabilities, sufficient material has come on record to prosecute accused persons Amit Khanna for commission of offence under section 302/279/337/201/212/182/34/120B of the IPC and also under sections 3/181, 185 of the Motor Vehicle Act.
Delhi police have implicated accused Krishan for commission of offence under sections 302/201/212/34/120B/182 of IPC.
Accused Mithun has been implicated for commission of offence under sections 302/201/212/34/120B/182 of IPC.
Another accused Manoj Mittal has also been implicated for commission of offence u/s 302/201/212/34/120B/182 of IPC.
Apart from these three accused Deepak Khanna for commission of offence U/s 201/212/182/34/120B of IPC.
Delhi police have implicated Ankush for commission of offence u/s 201/212/182/34/120B of IPC.
The accused Ashutosh has been implicated for commission of offence u/s 201/212 /182/34/120B of IPC and also under section 5/180 of the Motor Vehicle Act.