RASHID Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The hearing of the case was conducted through video conferencing.

(2.) Case of the prosecution is that on 26.02.2020 at 01.04 PM, a PCR call vide DD No.17A regarding stone pelting near Kabir Builder, Gall No. 11, Bhagirathi Vihar, Delhi was received at PS GokulPuri. On spot, it was found that mob had burnt a building of Anil Sweet situated at A-29, Chaman Park, Main Brijpuri Road, Delhi. The building was in burnt condition and on the 2 nd floor, one body without hands and legs was found lying in burnt condition. The deceased was identified as Dilbar Singh Negi S/o Gopal Singh R/o Village- Shekhda, Chaki Sen, Pauri Garwal, Uttrakhand, who used to work as a waiter in Anil Sweet Corner. Accordingly, the present FIR was registered. The investigation of case was transferred to Crime Branch SIT.

(3.) During investigation, it has been found that Anil Pal is owner of building No.A-29, Ghaman Park and his another shop has also been torched by the rioters. On 24.02.2020, a riot had taken place on main road in front of A-29, Ghaman Park, Main Brijpuri Road where the mob pelted stones, chanted anti-Hindu slogans, ransacked and torched many shops. On the basis of statements of eye-witnesses, Section 153A IPC was also incorporated in case. During investigation, CCTV footages of nearby Rajdhani Public School and several mobile phone footages have been found. During the analysis of CCTV footage, it was found that there was huge gathering at Main Brijpuri Road and rooftops of building and people in mob were promoting enmity & disharmony by rioting, stone pelting and instigating others. Some persons in mob also killed the deceased Dilber Singh Negi and burnt him along with the whole building. Petrol bottles and bag of kanche have also been seized from the roof of the building. Statements of the other eye-witness also recorded and on the basis of statements of the eye-witness, CCTV footage and mobile locations, total 12 accused have been arrested in the present case. Petitioner herein was arrested on the basis of statement of eye-witness Himanshu and on the basis of location of the mobile No.9564796812 which was carried by the petitioner.