The Delhi High Court in the case observed and has discharged 11 men in the Delhi riots case wherein it alleged that a mob caused vandalism, put on fire a sweet shop as a consequence of which a 22-year-old boy namely Dilbar Negi died after sustaining burn injuries.
The bench of Additional Sessions Judge Pulastya Pramachala of Karkardooma in the case observed and has stated that the presence of the 11 accused persons in the mob during different point of time and the involvement of them in other incidents of riot, cannot be a basis to make them vicariously liable for the incident which resulted into the death of Negi.
The charges are framed by judge, rioting and unlawful assembly against one of the accused Mohd. Shahnawaz.
The court in the case observed that the evidence on record showed Shahnawaz to be a part of the riotous mob, which was indulging into acts against persons from Hindu communities and the properties of them so as to vandalize and them set on fire.
The court frame the charges against him for the offences as stated under Section 148, Section 153A, Section 302, Section 436, Section 450, Section 149 and Section 188 of Indian Penal Code, 1860.
The court in the case stated that it being worth mentioning here that many accused persons were identified in the video of riots of different times, but they were not identified even on the basis of video by any of these two eye witnesses to say that these accused persons had also accompanied Shanu while entering into the godown just before the godown being set on fire. Thus, the other accused persons except Shanu @ Shahnawaz, are entitled for discharge in this case.
The court observed that Negi used to work as a waiter in Anil sweet corner and the FIR was registered under Section 147 (Punishment for rioting), section 148 (Rioting, armed with deadly weapon), section s149 (Unlawful assembly), section 302 (Murder), section 201 (Causing disappearance of evidence), section s436 (Mischief by fire) and section 427 (Mischief causing damage) of the Indian Penal Code, IPC at police station Gokalpuri.
Therefore, the investigation of the case was taken up by the local police and it was transferred to the SIT of Crime Branch.
The court in the case arrested 12 accused and after the investigation, the charge sheet was filed on 04.06.2020.
The court stated that a riot took place where the rioters pelted stones, chanted anti Hindu slogans, ransacked, and torched many shops and houses and also entered into a building and killed the deceased, who was hiding there and burnt his body along with the
building.