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North East Delhi court’s Additional Sessions Judge, Vinod Yadav, has framed murder charges against five men- Lakhpat Rajora, Yogesh, Lalit, and two men both named Kuldeep for gunning down a Muslim man and burning his body during the Delhi violence in February last year.
The 5 accused men have been directed to be charged under Indian Penal Code sections for murder, dacoity, rioting, mischief by fire or explosive substance with intent to destroy a house, and relevant sections of the Arms Act. He noted that prima facie, there was enough material on record to frame charges against the five accused persons under requisite sections.
Background
The complainant, Saleem Kassar had alleged that on February 25 last year, a riotous mob had fatally shot his elder brother Mohd. Anwar and burnt his body. He further stated that his car was destroyed and burnt too.
He further added that the said riotous mob had taken away 17 goats of his now deceased brother, Mohd. Anwar, and also set his household articles on fire. Kassar had told the police, “a riotous mob after breaking open the doors of his house with sarias and dandas, had looted the same and thereafter set it on fire.”
The court recorded that the Delhi Police delayed in recording the statements of the public witnesses but justified the same by observing, “It was very difficult for the investigating agency to trace the eye/public witnesses promptly, because the people were so shocked and traumatized that it took several days for them to muster courage to come out and report the matter to the police.”
Material relied on by the court
ASJ Yadav noted, “Complainant Saleem Kassar had seen his elder brother being shot dead and his house being burnt by the riotous mob, so it was natural for him to get shattered and shocked; however, by the passage of time, after gaining some composure and confidence, he has not only given blow-by blow account of the incident, but has also categorically identified accused Lakhpat Rajora.”
The court also observed that Kassar’s statements were corroborated by his son and a protected witness. It also perused the call data records of all accused persons and said, “The CDR locations of all the accused persons have been found at or around the spot/SOC on the date of incident, which prima facie appears to be out of their routine location(s).”
The court also took note of the fact that one country-made pistol was recovered from accused Yogesh and the “ballistic report confirmed that it was in working condition”. Even though no CCTV cameras caught the accused persons, Judge Vinod Yadav recorded in his order that it was possible that the rioters had broken down virtually every CCTV camera in the vicinity.
The order may be read here:
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