Sagar Dhankar murder case: Delhi Court orders trial of Sushil Kumar, 17 others

New Delhi [India], October 15 : A Delhi Court on Saturday directed to commence trial against wrestler Sushil Kumar and 17 other accused after they stated that they are not guilty of the murder and other charges.
The accused persons could not be produced before the judge due to security reasons.
Additional Sessions Judge Shivaji Anand conducted the hearing in the court lockup. During the hearing, the charges were read over to the accused persons. The accused persons denied charges and claimed trial.
Earlier, the Delhi police staff informed the court that it would not be appropriate to produce the accused persons in the courtroom due to security. The staff requested the judge to proceed with the hearing in the lockup due to security reasons.
The court has listed the matter on November 10, 2022, for commencement of trial and Prosecution evidence.
The court on October 12 framed charges under sections of murder, attempt to murder, rioting, unlawful assembly and other sections including criminal conspiracy against the accused in the junior wrestler Sagar Dhankar murder case. The court also framed charges against 2 absconded accused persons.
Additional Sessions Judge Shivaji Anand framed charges against the accused persons under Sections 302, 307, 323, 109, 148 and 149 read with 120B.
The court framed charges against accused persons under section causing hurt and robbery in relation to the incidents that happened in Chhatrasal stadium.
Secondly, in relation to the incidents of Shalimar Bagh the charges were framed under sections of Kidnapping, causing grievous hurt, criminal conspiracy including rioting and Unlawful assembly against 10 accused excluding Sushil Kumar.
Thirdly, the court has also directed to frame charges in relation to the incident that happened at Model Town under sections of criminal conspiracy, rioting and Unlawful assembly against 15 accused persons excluding Sushil Kumar.
On October 3, 2022, the court had reserved the order on charge in junior wrestler Sagar Dhankar's murder case after hearing the arguments of the prosecution and accused persons. In this case, Olympian Sushil Kumar is one of the accused. Other 17 people are also accused in the matter.
The prosecution had submitted that there is sufficient evidence to show the intention of the accused persons to kill Sagar Dhankar.
On the other hand, it had been submitted by the accused persons that it is not a case of murder but of culpable homicide not amounting to murder.
The counsels for accused persons argued before the court saying that the case of murder is not made out against the accused persons.
Advocate R S Malik counsel for the accused Sushil Kumar had submitted that this is not the case of section 302 (murder) but of 304 (culpable homicide not amounting to murder) IPC.
As per the Post mortem report of the deceased, the injuries inflicted were not sufficient to cause that, advocate Malik argued.
On the other hand, it had been submitted by the Delhi police that there is sufficient evidence to frame charges of murder and abduction against wrestler Sushil Kumar and other accused Persons.
Additional public prosecutor (APP) Atul Shrivastav had submitted, " the manner in which Sagar and three others were abducted and brought to Chhatrasal Stadium. Thereafter they were beaten up mercilessly by the accused, shows that they wanted to establish their supremacy."
Sagar and Sonu were allegedly beaten up in Chhatrasal stadium on the night of 4 May 2021. Sagar had succumbed to injuries during treatment in the hospital and Sonu Mahaal was grievously injured in the incident.
APP Atul Shrivastav had shown the video related to the incident. In order to show the intention of the accused persons.
He had also argued that the accused person wanted to establish their supremacy, therefore, they beat up Sagar and others after entering the stadium on the day of the incident.
APP had submitted that this act of the accused attracts section 459 (while committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person) of IPC which has a punishment of life imprisonment.
The investigation officer on Friday informed the court that the FSL report has been received and sanction for Prosecution under Arms Act has been obtained.
The Court recently allowed an application for an early hearing in the matter noting that the Forensic Science Laboratory (FSL) report has been awaited since the last one year.
This case is pending at the stage of argument on charge since October 2021 as the FSL report is awaited. The sanction under Arms Act has also not been filed.
This case is related to the alleged murder of junior national champion wrestler Sagar Dhankar in the Chhatrasal Stadium in May 2021 over a property dispute. Sagar and his friend were allegedly beaten by the accused persons. Sagar later succumbed to the injuries.