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"Calculated attack on the victim by the unlawful assembly," a Delhi Court has held, while framing charges against four persons - Anwar Hussain, Kasim, Shahrukh and Khalid Ansari - part of an unlawful assembly shouting Allah-Ho-Akbar which caught and beaten up one Deepak to death, during the February 2020 Delhi Riots which gripped north-east Delhi during the anti-Citizenship Amendment Act protests.

The Court of Additional Sessions Judge (ASJ) Amitabh Rawat passed the order on November 9.

The four accused have been charged for rioting and murdering Deepak by beating him mercilessly near Ambedkar College on February 25, 2020 during the riots. 

In his order, the ASJ has noted that it had come on record that Deepak was murdered by the armed unlawful assembly which included all four accused perosns. The Court has stated, 

“By the manner of their mobilization and intent as construed from their conduct, the said unlawful assembly can be said to have conducted itself for riots and other offences like murder of deceased Deepak, in prosecution of their common object."

The Court has also concluded that for the purpose of charge, the prosecution was able to satisfy the Court that the accused persons in prosecution of their common object had committed riots and hit the deceased Deepak with deadly weapon causing his death.

The Court has further stated that since the attacking unlawful assembly was fully armed and in that pursuit, they had chased, apprehended and killed Deepak, therefore, from their conduct, it could be said that it was a case of criminal conspiracy.

Therefore, on the basis of material on record, the ASJ was of the opinion that there were grounds for presuming that all the four accused persons had committed offences under Section 147 IPC, 148 IPC, 302 IPC, read with Section 149 IPC and under Section 302 IPC read with Section 120-B IPC and ordered accordingly. 

As per the order, the most important witness in the instant case was one Sunil Kumar who was an eye-witness to the entire incident and had given the complete picture as to how the deceased Deepak was killed by the armed Muslim mob consisting of accused persons.

In his statement, Sunil had stated that on February 25, one Muslim unlawful assembly was trying to cross the Pulia Gokulpur from Kardampuri Pulia while shouting Allah Ho Akbar. 

Sunil had further stated that this armed mob caught hold of Deepak who was mercilessly beaten, and as he was hiding behind a wall behind the Naala, therefore was able to see the entire murder through the gap in the wall.

Sunil had also said that after the said incident, he was terrified, and only after Deepak's cremation, he had gone to his village and had given his statement only on June 25, 2020. 

In the order, the court has noted that in his statement, Sunil had identified all the four accused persons by name and had also stated that if shown, he could also identify the persons who attacked Deepak.

Thus, noting that delay in recording of Sunil's statement was attributed to the fact that he was under shock and had gone to his village and due to Covid-19 situation, he could return only later, the court has said that it was not as if the statement of Sunil had suddenly emerged out of blue in the month of June.

The Court has stated that the present case was registered on the statement of one Vicky Sharma, and his statement was also contemporaneous with the murder incident while mentioning that Sunil was present along with Vicky and the deceased Deepak when the murder took place. 

Therefore, noting that this fact had given authenticity to the presence of Sunil on the day of the incident and his eye-witness testimony, the court found itself satisfied by the prosecution case for purpose of framing charges. 

Cause Title: State v. Anwar Hussain & Ors.