North East Delhi violence: Court frames charges against six people accused of burning a youth alive

New Delhi [India], July 9 : A Delhi Court has framed charges against six persons accused of burning a youth named Shahbaz alive at Khajuri Pushta in the Karawal Nagar area during the Delhi riots on February 25, 2020.

His body was identified after DNA analysis.

"The statement of witnesses shows that it was preplanned to assemble at the given place to take revenge on Muslim individuals, and these persons joined the mob in pursuance of such a plan," the court observed in its order.

After framing charges of criminal conspiracy, murder, rioting, unlawful assembly, dacoity, etc., the court has directed the commencement of the trial against the accused persons.

Additional Sessions Judge Pulastya Pramachala of Karkardooma Court on Saturday framed charges against Aman, Vikram alias Vicky, Rahul Sharma, Ravi Sharma, Dinesh Sharma, and Ranjeet Rana.

The court framed charges for the offense of criminal conspiracy to commit offenses of rioting, dacoity, murder, etc., as well as the commission of such offenses in continuation of criminal conspiracy.

"I find that all accused persons are liable to be charged for offenses punishable under Section 120-B (Criminal Conspiracy) IPC read with 147 (Rioting), 148 (Rioting with deadly weapons), 302 (Murder), 341 (Wrongful Restraint), 395 (Dacoity) IPC, as well as for offenses punishable under Section 147/148/302/341/395 IPC read with Sec. 120B and 149 (Unlawful assembly) IPC and Section 188 IPC; Section 153-A (Promoting enmity between groups on the basis of religion, etc.) IPC read with Section 149 IPC," said the judge in the order passed on July 8, 2023.

Accused Aman has been additionally charged as he was found in possession of the wristwatch of the deceased.

"Accused Aman is further liable to be charged for the offense punishable under Section 412 IPC," the court ordered.

The court said that all accused persons are found liable to be tried for offenses punishable under Sections 120-B IPC read with 147/148/302/341/395 IPC as well as for offenses punishable under Sections 147/148/302/341/395 IPC read with Sec. 120B and 149 IPC; under Section 188 IPC; 153-A IPC read with Section 149 IPC. Accused Aman is further liable to be charged for the offense punishable under Section 412 IPC.

The matter has been put up for Prosecution Evidence (PE) in the months of October and November.

The present case relates to the murder of Shahbaz, a resident of Husainiya Masjid, Loni, Ghaziabad, U.P., who was brutally assaulted and burnt alive on February 25, 2020, on Main Khajuri Pusta Road, near Kali Ghata Cut Delhi.

Matloob, the brother of deceased Shahbaz, stated to the IO that his brother had gone to fetch medicines for his eyes on February 25, 2020, at about 07:00 AM, to the Guru Nanak Hospital, Turkman Gate, Delhi.

On the same day, at around 02:25 PM, when Matloob spoke to Shahbaz on his mobile, he informed that he had reached Karawal Nagar, but riots were going on in the whole area.

Later on, at about 03:00 PM, when Matloob again tried to contact Shahbaz, his mobile phone was found switched off.

The father of Shahbaz, Safi Ahmad, had stated that Shahbaz had been missing since February 25, 2020. Thereafter, Matloob went in search of his brother, and while passing through Chaman Vihar, he was told by one Ankit that his brother had been murdered and burnt at Khajuri Pusta Road by the rioters.

On February 27, 2020, upon learning that the police had taken one burnt body to the hospital, Matloob asked Shahbaz's friend Saqib to check the body of Shahbaz in the mortuary of GTB Hospital.

As there was only one skull piece and some pelvic bones of the body, the identity of the body was not possible based on physical appearance, and it was identified to be belonging to the deceased Shahbaz after matching the DNA samples of the father of Shahbaz with that of the burnt body parts of the deceased, according to the charge sheet.

According to the charge sheet, the body of Shahbaz was first seen by SI Naveen Kumar of PS Khajuri Khas, who was searching for the body based on the information provided by one Saqib, who was stated to be a friend of Shahbaz.

During the investigation, the six accused persons, namely Aman, Vikram alias Vicky, Rahul Sharma, Ravi Sharma, Dinesh Sharma, and Ranjeet Rana, were arrested in this case based on the location of their mobile phones and the identification and statements of public witnesses.

The name of one Achin alias Sachin surfaced in the statements of the witnesses as well as in the disclosure statement of the accused persons, but he could not be identified and traced.

Three witnesses had seen the accused persons in the mob of rioters who were beating a youth aged 25-30 years.

Special P.P. Nitin Rai Sharma for the State submitted that the statements of eyewitnesses and the recovery of the wristwatch from Aman establish the case against the accused persons for the alleged offenses.

The court rejected the contention of the defense counsel that the charge of murder is not made out against accused Ranjeet Rana and Vikram alias Vicky.

The judge said, "I find that the same has no merit, especially in view of the statements of witnesses namely Chetan Sharma and Popinder alias Poppy, who witnessed accused Ranjeet Rana as well as accused Vikram with co-accused persons in the mob assaulting and killing one Muslim boy aged around 25-30 years on Main Khajuri Pusta Road, where the deceased Shahbaz was killed by the mob on February 25, 2020, at about a similar time, i.e., 02:30-03:00 PM."

The statement of Rahul shows that it was preplanned to assemble at the given place to take revenge on Muslim individuals, and these persons joined the mob in pursuance of such a plan, the judge said in the order.

"Such evidence, read along with the extrajudicial confession of accused Aman, raises a very grave suspicion against all accused, including Ranjeet Rana and Vikram, that they joined this mob in furtherance of the preplan and objective of this mob, which killed deceased Shahbaz and, in all possibility, the said Muslim boy would be none other than the victim deceased Shahbaz," the court said.

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