North East Delhi violence: Court frames charges of murder during riots against 7 accused, discharges 5

New Delhi [India], August 23 : A Delhi court hearing the North East Delhi riots case has framed charges against seven accused persons for allegedly committing murder, attempting to murder, rioting with deadly weapons etc.
This case pertains to the murder of a person in the Jafrabad area in February 2020. They have also been charged with the offences of promoting enmity between two communities. These accused persons were identified on the basis of CCTV footage.
An FIR was lodged at police station Jafrabad. Delhi police had charge-sheeted 12 accused persons for the alleged offences.
Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court on Tuesday charged seven persons with the alleged offences after considering the material and submissions of the counsel for the Prosecution and accused persons.
" I am of the opinion that prima facie, there are grounds for presuming that accused persons namely Arshad alias Sonu, Rais Ahmad, Mohd. Sageer, Mehtab alias Fulley, Gulzar, Mohd. Imran and Amiruddin Malik have committed offences under Section 302 (murder), 307 (attempt to murder) 147 (rioting) 148 (rioting with deadly weapons) 323 (causing voluntary hurt) 435 ( mischief with fire with intent to destroy property) 188 (Disobedience of order passed by the public servant) IPC read with Section 149 (Unlawful Assembly) IPC," ASJ Rawat said in the order passed on August 22.
The court also said that they have also separately committed an offence under Section 153A (Promoting enmity between two groups on the basis of religion etc.), IPC, and 505 (false statements or rumour) IPC.
However, the court discharged five accused persons noting that they were not identified by any prosecution witness.
ASJ Rawat said that the accused persons namely Naved Khan, Javed Khan, Chand
Babu, Aleem Saifi and Sabir Ali were not identified by any prosecution witness as part of the mob that committed the alleged murder.
It is further clear that the prosecution has not put any concrete evidence on record against them. There is no sufficient material to frame charges against these accused
persons. Hence, these accused persons are completely discharged in this case, ASJ Rawat said in the order.
This case relates to the murder of one Vinod Kumar (48 years), a resident of Arvind Nagar, Khazoor Wali Gali, Ghonda on the night of 24.02.2020.
Initially, a case FIR on February 25, 2020, under Section 147/148/149/186/188/353/283/332/437/435/436/323/307/302/120B/ 34 IPS & 27 Arms Act & 3,4 PDPD Act PS Jafrabad was registered on the complaint of Insp Lekh Raj SHO PS Jafrabad, related to the incident of riots and murder.
For proper investigation of the incident of murder, a separate FIR needed to be registered.
Hence, with the approval of Senior Officers, the present FIR 28.3.2020 PS Jafrabad was registered on the statement of Vinod's son Nitin.
The special Public Prosecutor (SPP) had prayed that the charge may be framed against all the accused persons under Sections 302, 307, 147, 148, 188, 153-A, 323, 505, 435, 120-B, 34, 201 IPC read with Section 149 IPC & Section 27 Arms Act.
On the other hand, Counsel for the accused persons had argued that the present
case is fit for discharge as the accused persons are not named in the FIR and they were arrested later on.
It was also submitted that the statements of witnesses are not believable and they were recorded at a very late stage. The statements of witnesses have been recorded multiple times and cannot be
believed.
The CDR location near the spot is not relevant as they are residents of nearby areas. Also, the police witnesses are interested witnesses and their testimonies cannot be relied upon, the counsel argued.