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Inspector Sharma of the Delhi police's special cell was killed during the encounter between the police and terrorists in Jamia Nagar in south Delhi on September 19, 2008. Two terrorists were also killed in the encounter which took place days after five synchronised bomb explosions rocked the national capital, killing 39 people and wounding 159. Sharma had raided the place while looking for the terrorists responsible for the blasts
The Delhi High Court on Friday last week reserved its verdict on confirmation of death penalty awarded to Ariz Khan following his conviction in the sensational 2008 Batla House encounter case in which decorated Delhi Police Inspector Mohan Chand Sharma lost his life.
"Arguments have been heard. Judgement reserved," said a bench of Justice Siddharth Mridul and Justice Amit Sharma after the lawyers for the convict and the State concluded their submissions.
Khan had filed an appeal in the High Court in July 2021, challenging the order of the Delhi Trial Court which had awarded the death penalty to Khan for killing a Police official.
The appeal had been filed through Advocate MS Khan challenging the March 15, 2021 order of the Saket District Court.
The Trial Court while awarding death penalty to Khan had said that "the convict had forfeited his right to live on account of his despicable act of killing a police officer on duty."
After balancing mitigating circumstances against aggravating circumstances, the court had concluded that the act of the accused came under the rarest of the rare case and therefore he deserved maximum sentence provided under law. However, the court cleared that considering the factors such as degree of brutality, and mindset of wrongdoer behind the crime, made the gravity of the offence very severe and hence justice would be met only if the punishment was given according to the gravity of offence, which was not less than a death penalty.
In its order, the court had further said that the hateful and brutal act of firing on the police party without any provocation itself showed that Khan was not only a threat to society but was also an enemy of the State.
The court had also imposed a fine of Rs 11 lakh on Khan out of which Rs 10 lakh was directed to be released as compensation to the wife of the deceased police officer's wife.
As per the prosecution case, while conducting a raid in connection with a serial blasts case, the team of police officials was trapped in the drawing room of the said house and were forced to resort to open fire in self-defence. During the shootout, Inspector Mohan Chand Sharma and other police personnel sustained bullet injuries. While one of the terrorists present in the drawing-room also sustained bullet injuries, two of them including Ariz managed to escape from the flat in question through the main door. After being declared a proclaimed offender in 2009, Ariz Khan was finally arrested in 2018.
Case Title: State v. Ariz Khan alias Junaid alias Anna Alis Salim
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