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Taking note of witnesses' statements that the accused were shouting “Allah-ho-Akbar” “Maar do Kaffiron ko” and other religious slogans and one of them chased and stabbed the deceased Prem Singh also, the court filed charges against five men in connection with the North-East Delhi Riots 2020.
A Delhi Court frames charges against five men namely, Imram (Cheera), Asif, Mohd. Shahzad, and Md. Imran for attacking and stabbing a 40-year-old man, Prem Singh during the North-East Delhi Riots 2020.
Additional Sessions Judge (ASJ) Amitabh Rawat of the Karkardooma District Court, Delhi, charged the five men with offences under Sections 143 (Punishment for being a member of unlawful assembly), 144 (Joining unlawful assembly armed with a deadly weapon), 147 (Punishment for Rioting), 148 (Rioting armed with a deadly weapon), 188, 302 (Murder), 149, 153A (Promoting enmity between different religious groups) and 505 (Public mischief) of the Indian Penal Code, 1860, and Asif has additionally been charged for offences under Section 27 Arms Act.
As per the statements of the witnesses, the Court noted that all the accused persons were part of the specific religious Muslim community and were having swords, big knives, desi kata, lathi, pistols, stones, etc., and rioting and attacking all passing by Hindus. They were shouting “Allah-ho-Akbar” “Maar do Kaffiron ko” and other religious slogans and that they chased and stabbed the deceased Prem Singh also.
The court opined that the stabbing of the deceased Prem Singh was done by Asif using a knife attracts Section 27 of the Arms Act against him. However, all other accused persons cannot be charged under the same and thus, they are accordingly discharged for offence under Section 27. Court also noted that there is no material on record to show the criminal conspiracy postulated for Section 120B IPC as the offence is stated to have been done by the accused persons in the prosecution of their common object, accordingly, all accused persons are discharged for the same.
Conclusively, the Court ordered, “I am of the opinion that there are grounds for presuming that all the accused persons namely Imram @Cheera, Asif, Mohd. Shahzad, and Md. Imran has committed offences under Sections 143, 144, 147, 148, 188, 302, 149, 153A, and 505 of the Indian Penal Code, 1860, and Asif is also liable to be charged additionally for offences under Section 27 of Arms Act.”
Case Title: State v. Imran @Cheera & Ors.
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