A Delhi court recently convicted five persons of culpable homicide not amounting to murder during the communal riots of 2020 in North East Delhi..The Court also acquitted two persons of all charges. All seven persons were charged with murder for the death of 22-year-old Monish (named Mosin elsewhere in the order)..Sessions Judge Pulastya Pramachala of the Karkardooma Court held that the five accused persons - Ashish Goli, Arun Munna, Aman Kashyap, Pardeep Rai and Devender Yadav - had assaulted but had not inflicted fatal injuries that caused the death of Monish. “When one is not very sure, if these accused persons intended to cause blows on the head of the victim or these blows were given by these accused persons, then for want of specific role attributed to any of these five accused persons for causing head injuries on the victim, I find that their liability should be limited for causing culpable homicide not amounting to murder,” the Court held.While acquitting Krishan Kant and Rahul Bhardwaj, who had been accused of selling the mobile phone of Monish after his death, the Court observed that they were not part of the mob and the offence of theft was not proven against them by the prosecution..When the communal riots broke out in February 2020, the accused persons allegedly led a mob that beat the deceased with sticks.The Delhi Police in its chargesheet charged the seven with being members of an unlawful assembly that was accused of murder, rioting, theft and criminal conspiracy under the Indian Penal Code..Delhi Police was represented by Special Public Prosecutor Madhukar Pandey and Advocate Daksh Sachdeva.Advocates Rakshpal Singh and Sujeet Kumar appeared for the accused..[Read Order]
A Delhi court recently convicted five persons of culpable homicide not amounting to murder during the communal riots of 2020 in North East Delhi..The Court also acquitted two persons of all charges. All seven persons were charged with murder for the death of 22-year-old Monish (named Mosin elsewhere in the order)..Sessions Judge Pulastya Pramachala of the Karkardooma Court held that the five accused persons - Ashish Goli, Arun Munna, Aman Kashyap, Pardeep Rai and Devender Yadav - had assaulted but had not inflicted fatal injuries that caused the death of Monish. “When one is not very sure, if these accused persons intended to cause blows on the head of the victim or these blows were given by these accused persons, then for want of specific role attributed to any of these five accused persons for causing head injuries on the victim, I find that their liability should be limited for causing culpable homicide not amounting to murder,” the Court held.While acquitting Krishan Kant and Rahul Bhardwaj, who had been accused of selling the mobile phone of Monish after his death, the Court observed that they were not part of the mob and the offence of theft was not proven against them by the prosecution..When the communal riots broke out in February 2020, the accused persons allegedly led a mob that beat the deceased with sticks.The Delhi Police in its chargesheet charged the seven with being members of an unlawful assembly that was accused of murder, rioting, theft and criminal conspiracy under the Indian Penal Code..Delhi Police was represented by Special Public Prosecutor Madhukar Pandey and Advocate Daksh Sachdeva.Advocates Rakshpal Singh and Sujeet Kumar appeared for the accused..[Read Order]
