Delhi violence: Court takes cognizance of chargesheet filed in murder case
Jul 21, 2020
New Delhi [India], July 21 : A Delhi court took cognizance of a chargesheet filed in the murder case of Amir Ali killed by a group in the North-East Delhi violence.
Karkardooma Court, while taking cognizance on a chargesheet, clearly stated that it is clear that there are averments in respect of promoting enmity between different groups on the ground of religion and acting in a way that is prejudicial to the maintenance of harmony.
Chief Metropolitan Magistrate Purushottam Pathak, while allowing crime branch chargesheet in the murder case of Amir Ali, found no doubt on chargesheet and said that prima-facie case for commission of the offence as alleged do exists.
The court also noted that it is prima facie revealed that there was a well-hatched conspiracy amongst the accused persons.
"Same is evident from the fact that in order to take revenge from Muslims some youths of that area who failed to perceive the bottomless stupidity of the propaganda, they as saviours of their community created a Whats' App group. The group members as discussed herein above lost their individuality and started working with mob mind. "Jai Sri Ram" and "Har Har Mahadev! which are the sacred slogans and are attached to the victorious yelling, deadend their mind and paralyzed their creative nature," it said.
"They planned the manner of committing the offence of rioting, murder, dacoity and other offences as discussed above and were instrumental for gathering of the unlawful assembly at Bhagirathi Vihar Nala Pulia on February 26, 2020 in conspiracy with each other having common intention and unlawful object.
"Thereupon the mob turned into rioters and in process of rioting, they looted the mobile phone and caused death of Aamir by inflicting multiple injuries in a brutal manner and with a view to conceal the evidence all of them in furtherance of their common intention threw his dead body in the drain."
The court also noted that that the common object of the unlawful assembly was not only to kill but also to destroy all evidence of that crime.
"Thus, all of those involved in the present case actively participated in connection with the carrying of dead body or disposal of it by throwing it in drain as aforesaid must be taken to have been actuated by the common objective. There cannot be any doubt that the accused who killed Aamir Khan were certainly up to their neck in the conspiracy and were thus very active members of the unlawful assembly," it said.
The Delhi Police chargesheet also mentioned that the investigation found that during the violence, a 'WhatsApp' group was created in the intervening night of February 25 and February 26, 2020, which had 125 members.
"Two active members of this 'Whatsapp' group were located and joined in the investigation," as per the details of the charge-sheet. During the investigation, their mobile phones were scanned and the specific 'WhatsApp' group created on February 25 was also identified. It was also revealed that while some members of these groups were only sending and receiving chats, few others were involved in active rioting," it added.
According to the charge-sheet, 11 accused were nabbed in another murder case of Amir Ali. The deceased was murdered on February 26.
During the course of the investigation, eleven accused persons namely, Lokesh Kumar Solanki alias Rajput, Pankaj Sharma, Sumit Chaudhary alias Badshah, Ankit Chaudhary alias Fauzi, Prince alias DJ wala, Pawan Kumar alias Lokesh, Lalit Kumar alias Rohit Chaudhary, Rishabh Chaudhary alias Tapash, Jatin Sharma alias Rohit, Vivek Panchal alias Nandu and Himanshu Thakur were arrested. After investigation, chargesheet in this case has been filed on June 4, 2020.