NEW DELHI: A local court has ordered framing of charges, including those for rioting, criminal conspiracy and attempt to murder, against 13 accused in a case of the 2020 northeast Delhi riots.Additional Sessions Judge Pulastya Pramachala held that accused persons were a part of a riotous mob that attacked a man (complainant) with swords and other weapons in Gautam Vihar on February 25, 2020.
The judge said that there was a “prima facie case” against all accused persons for the offences of criminal conspiracy, rioting, unlawful assembly, attempt to murder and disobedience to public servant’s order.
The facts and evidence (including CCTV footages) of the case shows that more than five persons assembled in that Gali. Some of them had swords, spears and rods. They were shouting and running and there on seeing any person, in attacking mode, the court order stated.
“.. I do find sufficient material to presume that all the accused persons were acting out of a criminal conspiracy hatched among themselves, so as to attack upon persons from Hindu Community...” the judge noted in the order.
“Head is a vital part of the body and it is within the common knowledge of every prudent person that any blow over the same can result to death...With such knowledge, if a person is assaulted on head more than once, with a weapon like a sword or blunt objects, then there cannot be any doubt that a case for an offence under IPC Section 307 (attempt to murder) would be made out,” it said.
Noting the evidence before the court, the judge said, “I do find that all the accused persons in this case formed an unlawful assembly with a common object, including the object to attack upon persons from Hindu Community.” A criminal conspiracy was hatched by them to achieve this common object and subsequently, the mob chased and attacked the complainant, the judge said.
The New Usmanpur Police Station registered an FIR against Mohammed Anas, Mobin, Mohammed Javed Khan, Faisal, Shahjad Khan, Shoaib Khan, Imran Khan, Badshah Khan, Irfan Khan, Siraj Khan, Arman, Aman and Iqbal Khan in the case. The court said that eight of the accused were also liable to be tried under IPC Section 174 A (non-appearance in response to a proclamation).