[Delhi Riots] Four put on trial for attempt to murder, rioting

Four men have been put on trial after being charged for attempt to murder and rioting by a Delhi Court in connection with the Delhi Riots of 2020 [State v. Mohd Juber]..Additional Sessions Judge Amitabh Rawat on Monday charged Md Juber, Md Aamir, Samshuddin and Md Barik under Sections 147 (rioting),148 (rioting armed with deadly weapon), 307 (attempt to murder) read with Section 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code (IPC).“However, the accused persons are discharged of the offences punishable under Section 336/120B IPC,” the Court added..In the Court's opinion, there was no necessity to frame charge under Section 336 IPC (act endangering life or personal safety of others) as the charge under Section 307 IPC was “specifically made out” on the basis of the testimonies of public witnesses.“Moreover, the said accused persons themselves did not fire nor was pistol or bullet recovered in the present case. As far as charge under Section 120 B IPC is concerned, there is nothing on record to show prior meeting of the minds for the purpose of criminal conspiracy but there was an armed unlawful assembly of riotous mob consisting of accused persons and which had fired at the public witnesses with an intention to kill them,” the charge order noted..The Court observed there was a firing by the mob comprising the accused persons in prosecution of a common object to riot and kill three witnesses. It was alleged that the accused persons formed an unlawful assembly at Chudi gali, Maujpur and fired at the three witnesses.The witnesses claimed they were present in their houses when armed rioters had attacked them and opened fire. Counsel representing the accused persons argued that there were contradictions in the statements of witnesses and thus the charges should not be framed.However, the Court found,“From the strength of the statement of all three public witnesses Vinod Kumar, Man Mohan and Varun, it is clear from their statement that armed rioters had formed unlawful assembly and in prosecution of their common object on 26.02.2020 at around 10.30pm at Chudi gali, Maujpur, Delhi fired at Vinod Kumar, Vijay, Man Mohan and Varun. It has come categorically in their statements that all four accused persons had fired at them with an intention to kill them.".Special Public Prosecutor Anuj Handa appeared for the State. Advocate Mohd Tasleem appeared for Shamsuddin and Mohd Barik and Advocates Kunwar Anish Ali and Shahrukh Ahmad represented Mohd Juber..[Read Order]