[Delhi Riots] 'Curious' case of gunshot victim made accused: Court drops attempt to murder charge against 6

A court dealing with Delhi Riots cases has dropped attempt to murder charges against six men, noting that one of the accused in the case was also the gunshot survivor and could not have been made a witness and an accused at the same time [State v. Sajid & Ors]..Additional Sessions Judge Amitabh Rawat observed that the aspects of the case’s investigation were “incongruous” and said that the accused Sajid was “curiously” made an accused after he had suffered a gunshot wound during the riots..“By this logic, every injured person in a riots case can be made an accused,” the judge highlighted.It added,“If Sajid is stated to be an accused in this matter, he can't be made as witness as then he would be as a witness who will give the testimony on behalf of prosecution and also the accused who does cross-examination of himself.”.It held that Section 307 (attempt to murder) of the Indian Penal Code (IPC) couldn’t be invoked the way prosecution wanted it to be. Further, if it was contended that all accused persons were part of the riotous mob due to their presence, Section 307 IPC would still not be attracted.The court also referred to the statement of the police witness who said that he identified all the accused persons as participants in the riots and noted that his testimony would be tested only during examination.“In the way investigation has been conducted, accused persons cannot be charged under Section 307 IPC, though it could be argued that all accused persons participated in the riots,” held the order on charge..As a result, the court was of the view that Section 307 IPC was not made out, owing to which the case was not “exclusively triable by the court of sessions”.“For the purpose of proving Section 307 IPC, the prosecution must show that a gunshot injury is caused to injured Sajid. Thus, he is one of the main witnesses in this case but he is also one of the accused persons who has to face trial as per prosecution. Thus, without proving the gunshot injury to Sajid, Section 307 IPC can't be proved but how will Sajid appear as a witness in a case in which he himself is an accused?” the court asked..A magisterial court had taken against cognisance of charges under Sections 307, 143 (unlawful assembly), 144 (member of unlawful assembly armed with deadly weapon), 145 (joining unlawful assembly), 147 (rioting), 148 (rioting with deadly weapon), 149 (unlawful assembly member having common object), and 188 (disobedience to order promulgated by public servant) of the IPC and provisions of the Arms Act against all persons except Sajid. He was chargesheeted and charged under Sections 143, 145, 147, 149 and188 IPC..[Read Order]