Delhi District Court
State vs Raj Kumar @ Goli And Others on 14 March, 2024
CNR No. DLNE01-001824-2021
State v. Raj Kumar @ Goli etc.
SC No. 241/21, FIR No. 125/20, PS Dayalpur
DLNE010018242021
IN THE COURT OF SH. PULASTYA PRAMACHALA
ADDITIONAL SESSIONS JUDGE-03,
NORTH-EAST DISTRICT
KARKARDOOMA COURTS: DELHI
INDEX
Sl. HEADINGS Page Nos.
No.
1 Description of Case & Memo of Parties 2
2 The case set up by the Prosecution 2-5
3 Charges 5-6
4 Description of Prosecution Evidence 7-21
5 Plea of accused under Section 313 Cr.P.C. 21
6 Arguments of Prosecution & Defence 21-25
APPRECIATION OF LAW, FACTS AND EVIDENCE
7 Unlawful Assembly and Riots 25-37
8 Identification of accused persons 37-41
9 Conclusion and Decision 41
Page 1 of 41 (Pulastya Pramachala)
ASJ-03, North-East District,
Karkardooma Courts, Delhi
CNR No. DLNE01-001824-2021
State v. Raj Kumar @ Goli etc.
SC No. 241/21, FIR No. 125/20, PS Dayalpur
Sessions Case No. : 241/2021
Under Section : 147/148/427/435/436 read with 149
IPC
Police Station : Dayalpur
FIR No. : 125/2020
CNR No. : DLNE01-001824-2021
In the matter of: -
STATE
VERSUS
1. Raj Kumar @ Goli
S/o. Raj Pal,
R/o. H.No. B-361, Gali No.6,
Mahalaxmi Enclave, Karawal Nagar,
Delhi-94.
2. Raj Kumar @ Raju
S/o. Sh. Ramesh Chand,
R/o. H.No. A-17, Gali No.1,
Mahalaxmi Enclave,
Karawal Nagar, Delhi.
...Accused Persons
Case registered on the Sh. Mahender Kumar
complaint of: - S/o. Lt. Sh. Jai Dev Singh,
R/o. H.No. A-1/24, Mahalaxmi
Enclave, Karawal Nagar, Delhi-
94.
Date of Institution : 11.05.2020
Date of reserving order : 29.02.2024
Date of pronouncement : 14.03.2024
Decision : Acquitted.
(Section 437-A Cr.P.C. complied with by both accused.)
JUDGMENT
THE CASE SET UP BY THE PROSECUTION: -
1. The above-named accused persons have been charge-sheeted by the police for having committed offences punishable under Section 147/148/149/427/435/436/120-B IPC and 25/54/59 Arms Act.Page 2 of 41 (Pulastya Pramachala)
ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur
2. As per the charge sheet, brief and relevant facts of the present case are that on 04.03.2020 FIR was registered pursuant to written complainant dated 01.03.2020 (received vide DD No.43- B dated 01.03.2020 and Dy. No. 59 dated 03.03.2020) of Sh. Mahender Kumar. In his complaint, Sh. Mahender Kumar alleged that on 25.02.2020 at around 04:30 PM, rioters pelted stones on his house bearing property no. A-1/24, Mahalaxmi Enclave, Karawal Nagar, Delhi-94. They entered into his aforesaid house breaking the lock, vandalised the same and set it on fire. He further alleged that rioters damaged his aforesaid house completely along with all necessary documents. Complainant also furnished a list of burnt articles.
3. On the basis of rukka received on the direction of SHO, DO/ASI Ram Parkash registered this FIR No. 125/20, u/s.147/148/149/ 427/436 IPC, which was assigned to SI Shiv Charan Meena for investigation.
4. As per charge sheet, IO visited the place of occurrence and prepared site plan. IO also found that the rioters had committed loot and arson in several shops in the area belonging to members of both the communities. IO further found that 70 vehicles parked in the parking at Jagat Place and Kunwar Vatika situated near the above-mentioned place of incident, were either damaged or burnt. IO recorded statements of the owners of these shops/vehicles.
5. IO received video of riot from different sources. One police official namely Ct. Ankit Malik was present on duty at the spot on 25.02.2020, who had seen the incident and he identified two Page 3 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur rioters namely Raj Kumar @ Goli and Raj Kumar @ Raju, among the mob, as both were BC of PS Dayalpur. IO recorded his statement u/s. 161 Cr.P.C. on 05.03.2020.
6. IO obtained CDR of mobile numbers being used by both these persons and found their locations at the place of occurrence at the time of commission of crime of the present case.
7. On 13.03.2020 IO apprehended accused Raj Kumar Goli from Shiv Vihar Tiraha, at the instance of a secret informer. After interrogation, IO arrested accused Raj Kumar @ Goli, in the present case. Ct. Ankit Malik identified accused Raj Kumar Goli at the time of his arrest. This accused confessed about carrying a sword and a knife on 25.02.2020 during the riots. After arrest of this accused, two mobile phones i.e. Vivo 1606 and Techno CD7, were recovered at his instance from the bedroom of his house. IO also found photographs/videos of the protest dated 25.02.2020 contained in mobile phone of accused Raj Kumar @ Goli and he sent the same to FSL, Rohini, for examination.
8. On 14.03.2020 IO obtained one day PC remand and recovered one sword from the terrace of house of accused Raj Kumar @ Goli, at his instance. This sword was hidden under a ply at the terrace of his house. On the same day, IO also apprehended accused Raj Kumar @ Raju at the instance of accused Goli, from Gali No.1, Mahalaxmi Enclave, Karawal Nagar, New Delhi. After interrogation, IO arrested accused Raj Kumar @ Raju, in the present case. Ct. Ankit Malik also identified this accused at the time of his arrest. After discussion with senior officers, IO added Sections 435/120-B IPC and 25/54/59 Arms Act, in the Page 4 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur present case.
9. After completion of investigation, on 11.05.2020 a charge sheet was filed against accused Raj Kumar @ Goli and Raj Kumar @ Raju, for offences punishable under Section 147/148/149/427/435/436/120-B IPC and 25/54/59 Arms Act. This chargesheet was filed before ld. Duty-MM (North-East District), Karkardooma Courts, Delhi. Thereafter on 11.12.2020, ld. CMM (North-East), Karkardooma Courts, Delhi, took cognizance of offences punishable under Section 147/148/149/ 427/435/436/120-B IPC and Section 25 Arms Act. Thereafter, case was committed to the court of sessions on 06.04.2021 and 17.04.2021.
10. On 21.11.2021, first supplementary chargesheet with addition of Section 188/380/454 IPC along with complaint under Section 195 Cr.P.C., site plans in respect of 70 complaints, statements and other documents, was filed before ld. CMM (N/E). This supplementary chargesheet was sent to the court of sessions by ld. CMM (N/E) on 29.11.2021. On 07.03.2022, second supplementary chargesheet was filed directly before ld. Predecessor of this court. Along with this supplementary chargesheet one sealed envelope, court copy and report with certificate u/s. 65-B of I.E. Act, were filed. This report was received from CERT-IN, Lodhi Colony, pertaining to extraction of data from the mobile phone of accused Raj Kumar Goli. CHARGES: -
11. On 29.03.2022, charges were framed against accused Raj Kumar @ Goli and Raj Kumar @ Raju, for offences punishable under Section 147/148/427/435/436 IPC read with Section 149 IPC, to Page 5 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur which they pleaded not guilty and claimed trial. The charges were framed in following terms: -
"That on 25.02.2020 at about 04.30 pm at Mahalaxmi Enclave, Karawal Nagar, Delhi within the jurisdiction of PS Dayalpur, both of you along with other associates (unidentified), formed an unlawful assembly and used force and violence in prosecution of common object of such assembly and committed rioting and both of you knew being member of the aforesaid unlawful assembly that an offence was likely to be committed in prosecution of that common object and thereby both of you along with your associates (unidentified) committed offences punishable under Section
(s) 147/148 IPC read with Section 149 IPC and within my cognizance.
Secondly, on the aforesaid date, time and place, both of you being member of unlawful assembly along with your associates (unidentified) committed mischief and thereby caused loss or damage to the complainants namely Sarita & Islam to the amount of fifty rupees or upwards and as such committed offence punishable under Section 427 IPC read with Section 149 IPC within my cognizance.
Thirdly, on the aforesaid date, time and place, both of you being member of unlawful assembly along with your associates (unidentified) committed mischief by fire or explosive substance with the intent to cause damage to vehicles of complainants namely Mohd. Wahid, Jahid, Mohd. Asraf, Hetram, Sahib Malik, Mohd. Saddam, Sachin, Shahjad, Riyasatdin, Mohsin, Mehtab Ansari, Samir, Ravi, Mohd. Saroon, Kapil Tyagi, Mohd. Kasim, Abid, Sikander, Sima, Abdul Gaffer, Vikas, Azim, Nadim Ahmed, Riyajuddin, Md. Salim, Matin, Arshad Malik, Vinod, Israil, Shah Alam, Rahul Sisodia, Arif, Krishan Kant, Arif Malik, Asif, Farman Malik, Shahid, Kashan, Lalit Sharma, Tahir Saifi, Wsim Akram, Younus, Shoaib, Ram Prakash, Alimudin, Prashant Tyagi, Ayub, Zahira, Yogesh, Jyoti, Md. Shakib, Asif, Vakeel Malik, Safi Md., Rajkumar, Shubham, Adil Khan, Anil Kumar, Jatin Dhama, Lalit Kumar, Sharik, Salman Khan, Bishambhar, Ishak Khan, Azad to the amount of one hundred rupees or upwards and as such committed offence punishable under Section 435 IPC read with Section 149 IPC within my cognizance.
Fourthly, on the aforesaid date, time and place, both of you being member of unlawful assembly along with your associates (unidentified) committed mischief by fire or explosive substance with the intent to destroy the House situated at A-24, Gali No. 1, Mahalaxmi Enclave, Karawal Nagar Delhi belonging to complainant Mahender, Shop Star Set-Up Box Service situated behind Anil Sweet Shop at 20 Foota Road, Near Shiv Vihar Tiraha belonging to complainant Mustafa & Restraunt Pizza Diet situated near Shiv Vihar Tiraha belonging to complainant Pawan Singh, as such committed offence punishable under Section 436 IPC read with Section 149 IPC within my cognizance."
Page 6 of 41 (Pulastya Pramachala)ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur DESCRIPTION OF PROSECUTION EVIDENCE: -
12. Several witnesses were dropped on the basis of admission of documents under Section 294 Cr.P.C. and prosecution examined 22 witnesses in support of its case, as per following descriptions:-
Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties PW1/Sh. In February 2020 during riots, his shop Ex.PW 1/A Mustafa of repairing set up box was looted. This (complaint of shop was situated at plot no. A-119/120 PW1) (probably) on Mahalaxmi Enclave Road near shops of Jain and Surabhi. In his shop, articles worth Rs.4.50 lacs and cash amounting to Rs.20,000/- were lying.
After 20 days, when PW1 visited aforesaid shop, he found that his shop was totally empty. PW1 made complaint to Police in PS Dayalpur. PW2/Sh. On 28.02.2020 this witness received Ex.PW2/A Riyasatdin information that his car make and (complaint o model "Maruti Dezire" bearing no... f PW2) 5CQ 2005, (Didn't remember complete number) was burnt in the riots.
PW2 had parked this car in the parking place at Shiv Vihar Tiraha. PW2 gave his complaint in PS Dayalpur.
PW3/Sh. On 25.02.2020 this witness came to know that rioters Mohd. had set ablaze his car bearing no. DL-8C-8507. Tahir PW3 had parked this car in the parking at Shiv Vihar Shaifi Tiraha, behind Anil Sweets. On 26.02.2020 PW3 visited said parking and he found that his car had been set on fire along with other vehicles. On 27/28.02.2020 PW3 lodged FIR in PS Dayalpur.
PW4/Sh. On 03.03.2020 this witness gave written Ex.PW-4/A Prashant complaint in the PS Dayalpur, regarding (complaint of Tyagi burning of his car make and model PW4); & "Suzuki Baleno" bearing no. DL 2C Ex.PW-4/B;
AZ...... Ex.PW-4/C Page 7 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties On 23.02.2020 PW2 had parked this and Ex.PW- vehicle in a private parking i.e. Tyagi 4/D (copy of Parking, which was situated just behind R/C and his house bearing no. A-56, Gali No. 1, Insurance Mahalaxmi Enclave, Karawal Nagar, policy of Delhi; near Shiv Vihar Tiraha and near burnt car of Anil Sweets. PW4 as well In the night of 25.02.2020, PW4 came as Aadhar to terrace of his home and found that his Card of car was in completely burnt condition. PW4, respectively).
PW4 also handed over photocopy of documents related to this car, to the police.
PW5/HC On 06.09.2021 this witness received Ex.PW5/A Jitender forwarding letter from IO. Thereafter, (photocopy he obtained exhibits of this case i.e. a of RC sealed plastic box containing two bearing no. mobile phones, from MHC(M) vide RC 152/21/21); no. 152/21/21 and delivered the same in & CERT, CGO Complex, Delhi. The Ex.PW5/B plastic box was not opened till the time (acknowledg it remained in the possession of PW5. -ment given PW5 obtained receipt on the copy of to PW5 at RC and he was handed over an CERT).
acknowledgment. PW5 handed over these two receipts to IO in the police station.
PW6/Sh. On 25.02.2020 he was running a parking at Plot no.1, Neeraj Giri Thakur Brahm Singh Market, Shiv Vihar Tiraha, Delhi-
94. PW6 had taken hall and open land/plot in this property on rent from Thakur Brahm Singh Parihar.
PW6 had come to this parking on 25.02.2020 at about 8 AM and he left this parking at about 04:30 PM. At that time, two different mobs started coming towards Shiv Vihar Tiraha. One mob came from the side of Brijpuri side and another mob came from the side of Karawal Nagar. Both mob was equipped with danda etc. and they were abusing each other. At that time, PW6 locked his parking and went away towards Karawal Nagar.
Page 8 of 41 (Pulastya Pramachala)ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties PW7/ This witness was cited as eye witness but he did not Imran support the case of prosecution and was declared hostile, as he resiled from his earlier statement. PW8/Sh. On 25.02.2020 he was working as carpenter and from Nazim 17.02.2020 he had taken up the furniture work at the Khan house of his friend Imran, who resided in Old Mustafabad, Delhi. After 3-4 days since PW8 started working at the place of Imran, riot had started in that area. For about 5-6 days, there had been tension in the area around gali no.3, Old Mustafabad. During the period of riots, one day after 03:30 PM, PW8 alongwith Imran went out of his home i.e. H.No. 353/354, gali no.3, Old Mustafabad, to a betel shop. They moved towards Shiv Vihar from gali no.3 upto a distance of about 100 meters. PW8 saw that two different mobs were heading towards each other. One mob of more than 500 persons was heading towards Shiv Vihar from the side of Mustafabad and a similar mob was heading towards Mustafabad from the side of Shiv Vihar. Both mobs were pelting stones on each other. Members of the mob were carrying knife, danda, sword etc. There was a parking near Tripal Factory, Shiv Vihar in front of gali no.3, Mustafabad and PW8 saw smoke coming out of that parking. There were number of persons around that property raising slogan of 'Jai Shree Ram' and 'Allah-hu-Akbar'.
After the riots were over, 2 police officials had come to the place of Imran and Imran had asked him also to come there. Police made enquiry from PW8 and Imran regarding the riots. PW8 and Imran had identified photographs of 2 persons, whom PW8 had seen on the aforesaid day of riots in the mob, which was heading from the side of Shiv Vihar towards Mustafabad. Both of them were moving in front of/leading the aforesaid mob and they were carrying weapon like knife or sword. They were also pelting stones on other mob. PW8 had identified their faces.
PW8 had seen them in the past near a Banquet Hall in Shiv Vihar, at the place of one Chola Kulcha shop. Police officials while showing their photographs had Page 9 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties told PW8 their names. PW8 remembered name of one person, as accused Raj Kumar. PW8 confirmed before police that these 2 persons were present in the aforesaid mob. Aforesaid 2 persons were in the mob, which was present around the parking space at Shiv Vihar. PW8 identified both accused persons before the court as same two aforesaid persons as identified by him during riots.
PW9/Sh. He was resident of H.No. A-24, gali no.1, Babu Nagar, Mahender Mahalaxmi Enclave, Karawal Nagar, Delhi. On Uppal 25.02.2020 riot had taken place in his area. In this incident his aforesaid house (2 storeys) was completely burnt in his absence. All articles in this house were also burnt. Some articles like cooler etc. were lying on the road in burnt condition.
PW9 narrated his complaint before police at PS Dayalpur, which was written by police. PW9 informed police that his fridge, bed, jeweleries, all clothes, all documents of the house including ration card etc. were burnt in this incident.
PW10/ On 25.02.2020 he remained at his house bearing no. B- Mohd. 135, gali no.2, Indira Vihar, near Mustafabad, Delhi. Waheed PW10 had given his two-wheeler Select bearing no.6520, to a mechanic around 2-3 days prior to riots. Shop of mechanic was situated near Shiv Vihar Chauraha, Karawal Nagar road. This vehicle was burnt in this shop during the riots and PW10 came to know about this, one day after the riots. Original R/C of this vehicle was also burnt with this vehicle itself. PW10 had made a complaint to police orally and police had recorded his complaint.
PW11/Sh. In February 2020 on the first day of Ex.PW11/A Pawan riots his Pizza Diet restaurant, situated (complaint of Singh at Shiv Vihar Chauraha, Chaman Park, PW11) Delhi, was set on fire in his absence. PW11 was informed telephonically by his manager and other staff about arson and vandalism taken place in his restaurant. PW11 made call at 100 number in this respect.
Page 10 of 41 (Pulastya Pramachala)ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties PW11 visited PS Gokalpuri and gave his written complaint addressing SHO, PS Dayalpur. Alongwith this complaint, PW11 had also given 8 photographs showing picture of aforesaid restaurant, to the police. In his complaint, PW11 had mentioned date of 25.02.2020 and time of 4-5 PM of the incident.
PW12/Sh. He was residing in gali no.2, Babu Nagar. PW12 used Ayub to park his Goods cart at a parking near Chuna Bhatti, near Shiv Vihar Tiraha. His cart was burnt in the riots taken place on 24.02.2020. On this day after 2-2:30 PM, a mob of around 20-30 persons had assembled at Shiv Vihar Tiraha and then PW12 had left his aforesaid cart near Chuna Bhatti and he went away from that place.
When PW12 came back to that place after 5-6 days, then he found his cart in burnt condition. PW12 had lodged his report before police. PW13/Sh. He gave a written complaint regarding Ex.PW13/A Shubham his burnt car make and model i-20 (complaint of Kumar Magna of white colour, bearing no.DL- PW13) 5CP 4283. PW13 had parked this car since prior to 24.02.2020, in a parking near Shiv Vihar Tiraha and went out station. The person at the said parking informed PW13 that this car was burnt in riots on 25.02.2020.
PW14/Sh. He gave a written application/complaint Ex.PW14/A Jatin regarding his Royal Enfield motorcycle (application Dhama bearing no.DL 5SCB 7976, which was of PW14);
found lying in the nearby drain in Ex.PW14/B damaged condition. On 24.02.2020 (certificate PW14 had parked this motorcycle at his u/s. 65-B of shop in the name of "D Mobiles" at I.E. Act Shiv Vihar Tiraha, in front of the given by dispensary. PW14);
PW14 had taken photographs of his Ex.PW14/P1 motorcycle through his mobile phone to Ex.PW14/ Page 11 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties MI-10 and he had handed over print of P4 those photographs to the police. PW14 (photographs had prepared the certificate in respect of given by aforesaid photographs. PW14).
PW15/Sh. On 01.03.2020, this witness gave a Ex.PW15/A Lalit typed complaint at PS Dayalpur, (complaint of Kumar regarding damaging of his Hyundai PW15) Xcent car bearing no. DL 11CA 5084. On 25.02.2020, PW15 had parked this car in front of his house bearing H.No. A-23, gali no.1, Mahalaxmi Enclave, Karawal Nagar, Delhi. During afternoon time period, PW15 was inside his house and riots were taking place outside. When noise of riots mellowed down during evening, then PW15 saw outside from his window. PW15 saw that his car was also damaged. Lights and rear window glass of the car were broken. PW16/Sh. On 25.02.2020, his Swift Car bearing Ex.PW16/A Vakeel registration no. DL 5SQ 3732, was (complaint of Malik parked in a parking near Ali Sweets, PW16) Shiv Vihar Tiraha. On this day, PW16 was at his home and during late evening hours through pubic persons, he came to know that vehicles parked in the aforesaid parking were burnt in the riots. PW16 went there after 3 days and found his car in completely burnt condition. After about 4-5 days, PW16 went to PS Gokalpuri and made his complaint.
PW17/HC On 25.02.2020 he was on duty of law Ex.PW17/A Ankit and order management at Shiv Vihar (seizure Malik Tiraha, since 8 AM till 10 PM. Ct. memo of Vikas was also with him on this duty on sword) this day. On this day at 4:30 PM, PW17 was present on the road going towards Brijpuri from Shiv Vihar Tiraha alongwith Ct. Vikas. There were 2 mobs Page 12 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties indulging into riot. The persons from Hindu community had assembled and were present at Shiv Vihar Tiraha. The persons from muslim community were present in front of Rajdhani Public School. Both these mobs were attacking upon each other by way of pelting stones, petrol bomb. Both mobs were carrying weapons like danda, iron rod etc. At about 4:30 PM, both mobs had become much aggressive. The persons from the mob at Shiv Vihar Tiraha entered into gali no.1, block A, Mahalaxmi Enclave. They set one house belonging to one Mahender on fire. PW17 alongwith Ct. Vikas tried to control this mob. This mob was going back and coming forward. After some time, this mob again came to a parking, which was situated adjacent to gali no.1 on the main road going towards Brijpuri from Shiv Vihara Tiraha. They set this parking alongwith around 40-50 vehicles parked there, on fire. At the same time, they also set on fire a Pizza shop being run in the name of Pizza Diet Restaurant, which was situated just near to aforesaid parking.
PW17 had seen and identified 2 persons in the aforesaid mob namely accused Raj Kumar @ Gole and Raj Kumar @ Totewala, who were residents of Mahalaxmi Enclave. PW17 knew them since prior to this incident as he was beat constable of the area of Mahalaxmi Enclave for 2 years. Both accused persons were on the front line of mob at Shiv Vihara Tiraha and were indulging into arson. Accused Raj Kumar @ Gole was carrying a sword and accused Raj Kumar @ Totewala was carrying a Page 13 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties knife. Other persons in the mob were carrying petrol in bottles and same was being used for arson.
On 05.03.2020, IO/SI Shiv Charan told him about present case and he made enquiry about incidents involved in this case, which related to the incident at house of Mahender, parking and Pizza shop.
PW17 was witness to arrest and personal search of accused Raj Kumar @ Goli on 13.03.2020; recovery of sword on 14.03.2020 from the terrace of house of this accused at gali no.6, B block, Mahalaxmi Enclave; seizure of this sword; as well as arrest and personal search of accused Raj Kumar @ Totewala by the IO, in the present case.
PW17 identified you both accused persons before the court.
PW18/Sh. On 23/24.02.2020 he had parked his car bearing no.DL Nawab 3C BV 7277, Santro Xing, in a garage. This garage was Khan situated on the back side of shop of his father-in-law, in the name of Hindustan Welding Works, Chuna Bhatti, near Shiv Vihar Pulia, Mahalaxmi Enclave. On 25.02.2020 during afternoon period, PW18 was telephonically informed by his father-in-law that aforesaid car was burnt in the riots. PW18 went to that place after 1-2 days and found his car in burnt condition.
PW19/Sh. On 06.09.2021 he was working as Ex.PW19/A Arun Scientist-C, Cyber Forensics Lab, (colly 6 Kumar CERT-In, Ministry of Electronics, Govt. pages) Sahani of India, CGO complex, New Delhi. ( report);
On that day, one request letter from Ex.PW19/B SHO, Dayalpur, one sealed packet, one (certificate copy of FIR, specimen seal, authority u/s. 65-B of letter in favour of official who Page 14 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties deposited the same and copy of seizure I.E. Act); memo, were received in his department. Ex.PW19/C The same were marked to his lab and (forwarding I/C of his lab had assigned this case to letter signed PW19 under his supervision. by Mr. PW19 extracted data from the digital Subodh); exhibits i.e. 2 mobile phones, 2 SIM Ex.PW19/ cards and one memory card. The Article-1 extracted data was transferred in a pen- (pen-drive); drive marked as PD-FIR-125-20-DP. Hash values were also provided Ex.PW19/P1 alongwith the extracted data. PW19 to alongwith Mr. Subodh Akulwar Ex.PW19/P6 prepared a report about aforesaid (all in soft proceeding. PW19 and Mr. Subodh copy). (6 Akulwar also issued certificate u/s 65B photogrphs of IE Act in respect of extracted data. relied upon The pen-drive was sealed in a packet by the with seal of 'CERT-In' and they also prosecution). provided specimen seal with the report as Annexure-1.
PW20/HC This witness deposed on the same lines Ex.PW20/B Vikas as deposed by PW17/HC Ankit. (seizure PW20 was witness to seizure of VIVO memo of and TECHNO mobile phones, VIVO and recovered from accused Raj Kumar @ TECHNO Gole, by IO. mobile phones PW20 identified both accused persons recovered before the court. from accused Gole) PW21/Ct. On 11.02.2022 on asking of IO/SI Shiv Charan, this Saumesh witness visited office situated in Lodhi colony complex and brought one envelope with a report, two sealed envelopes and one sealed plastic box to PS. Till the time sealed envelopes and plastic box remained in his possession, they were not opened. PW22/Insp. On 05.03.2020 DO handed over file of Ex.PW22/A Shiv this case including complaint of (Site plan Charan Mahender alongwith photographs of his related to Page 15 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties house, to him for further investigation. complainant PW22 visited gali no.1, Mahalaxmi Mahender); Enclave at H.No.A-1/24; inspected that Ex.PW22/B house, which was in burnt condition; to and prepared site plan of that house at Ex.PW22/J the instance of complainant Mahender. (site plans Ct. Ankit and Ct. Vikas were beat related to the Constables of the area of Mahalaxmi place of Enclave. Both of them took name of Mustafa, accused Raj Kumar @ Gole and Raj Sarita, Islam, Kumar @ Raju, as members of the Wahid,Vinod riotous mob and being responsible for , Pawan, incident at the house of complainant. Ayub, Jatin Reader to SHO handed him over 28 Dhama and complaints on 05.03.2020; two Sariq, complaints on 06.03.2020 made by respectively) Mustafa and Sarita; 16 complaints on 07.03.2020; 14 complaints in between 08.03.2020 upto 12.03.2020; and another complaint on 13.03.2020. PW22 clubbed all aforesaid complaints in this case, on the grounds of proximity of date and time of the incident. PW22 called all the complainants and recorded their separate statements u/s. 161 Cr.P.C.
On 13.03.2020 PW22 along with Ct. Vikas, apprehended accused Raj Kumar @ Gole from Shiv Vihar Tiraha on the pointing of a secret informer, interrogated him, recorded his disclosure statement, took his personal search and arrested him in the present case. PW22 called Ct. Ankit also at that place. Ct. Vikas and Ct. Ankit, both identified accused Raj Kumar @ Gole. From that place, they reached house of accused Raj Kumar @ Gole, at B-361, gali no.6, Mahalaxmi Enclave. Accused Page 16 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties Raj Kumar @ Gole took out 2 mobile phones belonging to him, from his bed room situated on 1st floor of this house. One was of VIVO 1606 and another mobile phone was of TECHNO CD-7.
VIVO phone was without any SIM and memory card. In TECHNO phone there were 2 SIM cards and one memory card.
On 14.03.2020 PW22 alongwith Ct. Vikas and Ct. Ankit along with accused Raj Kumar @ Gole visited house of this accused. IO recovered one sword, which was kept beneath of plyboard, on the terrace of house of this accused and seized the same vide separate memo i.e. Ex.PW17/A. Thereafter, accused Raj Kumar @ Gole got apprehended accused accused Raj Kumar @ Raju in gali no.1, Mahalaxmi Enclave. Accused Raj Kumar @ Raju was standing in front of his house. PW22 arrested and personally searched accused Raj Kumar @ Raju. Sword alongwith copy of FIR, was deposited in the malkhana.
On 16.03.2020 PW22 analysed mobile phones of accused Raj Kumar @ Gole and then seized them vide seizure memo, which is Ex.PW20/B. On 19.03.2020 PW22 called crime team at the house of Mahender; got inspected and photographed the spot by crime team officials, obtained inspection report from ASI Mahabir and 37 photographs of burnt house of Mahender from Ct. Mohit.
On 21.03.2020 PW22 was handed over another complaint of Tahir Saifi, which was related to burning of his car in the parking place. On 26.03.2020 PW22 Page 17 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties received another complaint of Ishaq Khan, which related to burning of a car near Chuna Bhatti, situated near Shiv Vihar tiraha. PW22 called them in the PS and recorded their statement u/s 161 Cr.P.C., in this case.
On 21.04.2020 PW22 prepared a letter for FSL and sent Ct. Umesh to FSL to deposit the mobile phones seized in this case. Ct. Umesh after depositing the exhibit in FSL, handed over the receipt from FSL to PW22.
On 07.05.2020 PW22 prepared main charge-sheet in this case and same was filed in the court on 11.05.2020 against both the accused persons.
PW22 seized one burnt TSR having number plate of 5050 on 18.06.2020 vide seizure memo Ex.A-66, at the instance of complainant Bishambher from Wazirabad pit. On 23.06.2020 PW22 again visited this place and seized one Santro car at the instance of Tahir Saifi, vide memo Ex.A-67.
There was one extra file of this case. 70 complaints and statement of Ct. Vikas and Ct. Ankit dt. 05.03.2020, were lying in that extra file. Same were not filed with the main charge-sheet. PW22 took those statements and complaints in the running file of investigation.
On 14.07.2020 PW22 visited 9 other places of incidents, which were different from the house of Mahesh and parking place. PW22 prepared separate site plan of those places.
PW22 obtained photographs of both accused persons and other persons from dossier, for identification of culprits in Page 18 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties this case and he shown those photographs to different persons for identification. In old Mustafabad, 2 witnesses namely Imran s/o Sabir and Nazim s/o Mohd. Yameen, met PW22 and both of them identified both the accused persons in the photographs, as part of the riotous mob.
On 13.10.2021 PW22 was handed over another complaint made by Azad s/o Sagir, which related to burning of Swift car in the parking place.
On 06.11.2021 PW22 prepared 1 st supplementary charge-sheet in this case.
On 07.11.2021 PW22 obtained complaint u/s. 195 Cr. PC from DCP/NE. PW22 placed copy of Order u/s 144 Cr.P.C. with this complaint, in the file. PW22 added Section 188 IPC in this case. On the basis of complaints made by Islam and Mahender, PW22 added Section 380/454 IPC, in this case.
On 18.11.2021 PW22 filed 1st supplementary chargesheet with complaint u/s 195 Cr.P.C. and aforesaid materials, before the court.
On 11.02.2022, Ct. Somesh handed over one envelope brought from CERT- IN, alongwith exhibits in sealed condition. PW22 deposited these exhibits in the malkhana. In the envelope, there was report alongwith certificate u/s 65B of IE Act. There were 2 more envelopes in this envelope. One envelope was endorsed as court copy and another was endorsed as IO copy. From he envelope of IO copy, PW22 took out a pen-drive. A slip mentioning PD-125/20 DP, was pasted over that pen-drive. There were Page 19 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties photographs extracted from the mobile phone, in the pen-drive. PW22 took screenshot of 6 photographs appearing together and he took print of that screenshot and placed it in the file. On 06.03.2022 PW22 filed 2nd supplementary charge-sheet alongwith aforesaid report.
On 23.03.2022 PW22 was transferred from that PS and on 19.01.2023 he handed over miscellaneous documents of this case to SHO, PS Dayalpur. Apart from date and time, PW22 had also considered proximity of places of incidents from the house of Mahender, in order to club other complaints in this case.
PW22 identified both accused persons before the court.
Admitted documents under Section 294 Cr.P.C. Certificate u/s. 65B I.E Act as Ex.A-1; FIR as Ex.A-2; finger print expert report as Ex.A-3; arrest and personal search memo of accused Raj Kumar @ Goli as Ex.A-4 & Ex.A-5, respectively; arrest and personal search memo of accused Raj Kumar @ Raju as Ex.A-6 & Ex.A-7, respectively; complaint of Mohd. Jahid, Mohd. Ashraf, Sahib Malik, Mohd. Saddam, Sachin, Shehjad, Sarita, Mohsin Khan, Mehtab Ansari, Sameer, Mohd.Sharoon Ansari, Kapil Tyagi, Mohd.Kasim, Abid, Sikander Ali, Seema, Abdul Gaffar, Mohd.Azim, Nadeem Ahmed, Riazuddin, Mohd.Salim, Matin, Arshad Malik, Vinod Kumar, Israel, Shah Alam, Rahul Sisodia, Mohd.Arif, Krishan Kant, Arif Malik, Asif, Farman, Mohd.Shahid, Mohd.Kashan, Lalit Sharma, Wasim Akram, Yunus, Shoiab, Ram Prakash, Alimuddin, Yogesh, Jyoti, Shakib, Mohd.Ashif, Mohd.Shafi, Raj Kumar, Adil Khan, Anil Kumar, Salman Khan and Azad as Ex.A-8 to Ex.A-57; GD No. 0037A as Ex.A-58; GD No. 0030A as Ex.A-59; GD No. 1030A as Ex.A-60; GD No. 1156A as Ex.A-61; GD No. 1341A as Ex.A-62; GD No. 1164A as Ex.A-63; prohibitory order as Ex.A-64; complaint u/s 195 Cr.P.C. as Ex.A-65; seizure memo of TSR no. DL-1RP-5050 as Ex.A- 66; seizure memo of Santro Car as Ex.A-67; complaint of Hetram as Ex.A-68 (colly 7 pages); complaint of Ravi Kumar as Ex.A-69 (colly Page 20 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. No. & Role of witness & Description of Proved Name of documents documents/ Witness case properties 5 pages); complaint of Vikas as Ex.A-70 (colly 2 pages); complaint of Arshad Malik as Ex.A-71 (colly 5 pages); complaint of Mohd. Kashan as Ex.A-72; complaint of Mohd. Tahir as Ex.A-73; complaint of Riazuddin as Ex.A-74 (colly 6 pages); complaint of Zahira as Ex.A- 75; complaint of Sharik as Ex.A-76 (colly 4 pages); complaint of Vishambhar as Ex.A-77 (colly 8 pages); complaint of Mohd. Islam as Ex.A-78 (colly 4 pages) and complaint of Ishak Khan (colly 3 pages) as Ex.A-79.
PLEA OF ACCUSED PERSONS U/S. 313 CR.P.C.
13. Both the accused persons denied all the allegations and pleaded innocence, taking plea that Beat Constables were knowing them since prior to the riots. They are interested witnesses and have deposed falsely against them and identified them at the instance of IO. Accused persons further took plea that on the day of incident, they were present at their respective house and they have been falsely implicated in the present case in order to work out the pending case. Accused persons did not opt to lead any evidence in their defence.
ARGUMENTS OF PROSECUTION & DEFENCE
14. I heard ld. Special PP as well as ld. counsel for accused persons. I have perused the entire material on the record.
15. Sh. R.K. Sharma, ld. counsel for accused Raj Kumar @ Goli and Raj Kumar @ Raju, argued that PW7/Imran did not see any riot. He denied having a friend namely Nazim. Ld. counsel further argued that PW8/Nazim Khan could not tell as to which mob had set fire in the parking near Shiv Vihar. PW8 did not see accused while setting fire. He said that other person was addressed by one accused as Bhola, though there is no accused Page 21 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur namely Bhola. Ld. counsel further argued that since both accused were BC of that area, therefore, they were falsely implicated in this case and identified by PW17/HC Ankit Malik and PW20/HC Vikas. Ld. counsel for accused persons further argued that no departure entry was made. It was further argued that IO confirmed that there were houses of Muslims around house of Mahender, therefore, there was no possibility that accused would burn that house. It was further argued that no complaint was made by PW17 or PW20 regarding any incident, with name of accused persons. Though PW17 and PW20 claimed to have visited house of accused persons, but PW17 could not even tell number of storeys in the house of accused persons. Ld. counsel further argued that parking and house of complainant Mahender were situated nearby. It was further argued that no crime team officials visited the parking and IO also did not go inside the parking.
16. Per contra, Sh. Madhukar Pandey, ld. Special PP for State argued that PW17/HC Ankit Malik and PW20/HC Vikas identified the accused persons and also described the incidents. Ld. Special PP further argued that during riots, police was more concerned to manage law and order and they were not expected to make any video.
17. In his written submissions filed on behalf of prosecution, Sh. Madhukar Pandey, ld. Special PP strongly placed reliance upon both the police witnesses i.e. PW17/HC Ankit and PW20/HC Vikas, in support of this case. It was further submitted that both of them were posted as Beat Officers in the area/locality in question at the relevant time. It was further submitted that both Page 22 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur these witnesses identified Raj Kumar @ Goli and Raj Kumar @ Raju in the said rioting video as well in the court during his testimony being recorded and that PW17 and PW20 were the witnesses to arrest of accused Raj Kumar @ Goli and Raj Kumar @ Raju. Ld. Special PP further placed reliance on their testimony for them being the eyewitness to the incident pertaining to the present case.
18. Reliance was placed on the case of Pramod Kumar v. State (Government of NCT of Delhi), (2013) 6 SCC 588 wherein, the Hon'ble Apex Court held that: -
"12. ...The witnesses from the Department of Police cannot per se be said to be untruthful or unreliable. It would depend upon the veracity, credibility and unimpeachability of their testimony.
13. This Court, after referring to State of U.P. v. Anil Singh [1988 Supp SCC 686: 1989 SCC (Cri) 48], State (Govt. of NCT of Delhi) v. Sunil [(2001) 1 SCC 652: 2001 SCC (Cri) 248] and Ramjee Rai v. State of Bihar [(2006) 13 SCC 229: (2007) 2 SCC (Cri) 626] has laid down recently in Kashmiri Lal v. State of Haryana [(2013) 6 SCC 595: 2013 AIR SCW 3102] that there is no absolute command of law that the police officers cannot be cited as witnesses and their testimony should always be treated with suspicion. Ordinarily, the public at large show their disinclination to come forward to become witnesses. If the testimony of the police officer is found to be reliable and trustworthy, the court can definitely act upon the same. If, in the course of scrutinising the evidence, the court finds the evidence of the police officer as unreliable and untrustworthy, the court may disbelieve him but it should not do so solely on the presumption that a witness from the Department of Police should be viewed with distrust. This is also based on the principle that quality of the evidence weighs over the quantity of evidence."
19. Ld. Special PP further submitted that the testimony of PW17/HC Ankit and PW20/HC Vikas are reliable, trust-worthy and confidence inspiring, as the said witnesses were not only eye- witnesses to the rioting incident which took place at the time of his duty near Shiv Vihar Tiraha on 25.02.2020, but the witnesses had in their testimonies confirmed that they knew both the Page 23 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur accused persons i.e. Raj Kumar @ Goli and Raj Kumar @ Raju by their name and their faces as they both were the beat constables of the area of Mahalaxmi Enclave. It was further submitted that said witnesses in their testimonies also precisely stated that the accused persons were carrying some combustible substance and deadly weapons on the day of rioting of this incident. It was further submitted that the said witness correctly identified both the accused persons who were active participants of the rioting mob on 25.02.2020 near Shiv Vihar Tiraha. Therefore, testimony of PW17 and PW20 cannot be said to be unreliable or untrustworthy.
20. Ld. Special PP further submitted that it was the quality and not quantity of the evidence which was necessary for proving or disproving a fact. To buttress for the evidence of PW17/HC Ankit Malik and PW20/HC Vikas being cogent, credible and trustworthy, ld. Special PP placed reliance upon the case of Mohd. Nasim v. State, 2023 SCC OnLine Del 7073, wherein Hon'ble High Court of Delhi observed that: -
"12.
....
It was observed in Kuna @ Sanjaya Behera v. State of Odisha, 2017 SCC OnLine SC 1336 that the conviction can be based on the testimony of single eyewitness if he or she passes the test of reliability and that is not the number of witnesses but the quality of evidence that is important. The Supreme Court in Veer Singh v State of UP, (2014) 2 SCC 455 observed as under: -
Legal system has laid emphasis on value, weight and quality of evidence rather than on quantity, multiplicity or plurality of witnesses. It is not the number of witnesses but quality of their evidence which is important as there is no requirement under the Law of Evidence that any particular number of witnesses is to be examined to prove/disprove a fact. Evidence must be weighed and not counted. It is quality and not quantity which determines the adequacy of evidence as has been provided Under Section 134 of the Evidence Act. As a general rule the Page 24 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Court can and may act on the testimony of a single witness provided he is wholly reliable."
21. Ld. Special PP further submitted that the prosecution did not require number of eyewitnesses to prove its case beyond reasonable doubt. Even if there is one eyewitness and his testimony is up to the mark, the conviction can be based upon the same. Ld. Special PP placed reliance upon the case of Namdeo v. State of Maharashtra, (2007) 14 SCC 150, wherein Hon'ble Supreme Court observed that: -
"In the leading case of Shivaji Sahebrao Bobade v. State of Maharashtra, (1973) 2 SCC 793, this Court held that even where a case hangs on the evidence of a single eye witness it may be enough to sustain the conviction given sterling testimony of a competent, honest man although as a rule of prudence courts call for corroboration. "It is a platitude to say that witnesses have to be weighed and not counted since quality matters more than quantity in human affairs." In Anil Phukan v. State of Assam, (1993) 3 SCC 282: JT (1993) 2 SC 290, the Court observed; "Indeed, conviction can be based on the testimony of a single eye witness and there is no rule of law or evidence which says to the contrary provided the sole witness passes the test of reliability. So long as the single eyewitness is a wholly reliable witness the courts have no difficulty in basing conviction on his testimony alone. However, where the single eyewitness is not found to be a wholly reliable witness, in the sense that there are some circumstances which may show that he could have an interest in the prosecution, then the courts generally insist upon some independent corroboration of his testimony, in material particulars, before recording conviction. It is only when the courts find that the single eyewitness is a wholly unreliable witness that his testimony is discarded in toto and no amount of corroboration can cure that defect."
APPRECIATION OF FACTS AND EVIDENCE UNLAWFUL ASSEMBLY & RIOTS
22. Before I discuss the evidence in the case, it is appropriate to refer to the description of complainants/victims qua the complaints clubbed by IO for investigation and prosecution in this case. Particulars of complainants/victims as referred in this case are as follows: -
Page 25 of 41 (Pulastya Pramachala)ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint Rioters pelted stones on house bearing A-24, Gali No.1, Mahalaxmi Enclave, Mahender Karawal Nagar, Delhi-94. Thereafter, 25.02.2020 1 Kumar they broke the lock, committed theft, at 04:30 PM PW9 vandalism and set it on fire including necessary documents.
Rioters set on fire scooter make and model LML bearing no. DL-6SD-6520, at Saifi Bike Service & Repair Center, In the night Mohd. Wahid situated in Mahalaxmi Enclave, near of 2 Sharma Electronics, Main Karawal PW10 25.02.2020 Nagar Road, Delhi.
Victim had given this vehicle for repair on 22.02.2020.
Rioters set on fire motorcycle make and As per his model Hero Hunk bearing DL-13SC- knowledge Mohd. Jahid 2379 was set on fire in the parking his bike was 3 (Ex.A-8) Kunwar Veer Vatika, near Shiv Vihar burnt on Tiraha. 24.02.2020 Car make and model Maruti Suzuki Mohd. Asraf bearing no. DL-2CBA-0754, was set on 4 -
(Ex.A-9) fire in the parking near Anil Sweet Corner, Shiv Vihar.
Handcart with goods, was sent on fire.
Hetram This cart was parked in Shiv Vihar 24.03.2020
5
(Ex.A-68) Tiraha parking.
Car make and model Maruti ALTO 800
bearing no. DL-5CQ-2546, was set on Sahib Malik fire, which was parked in the parking at 26.02.2020 6 (Ex.A-10) Mahalaxmi Enclave, near Shiv Vihar Tiraha, Delhi.
Car make and model Maruti ALTO 800 Mohd. bearing no. DL-5CQ-2499, was set on 7 Saddam fire, which was parked in the parking at 26.02.2020 (Ex.A-11) Mahalaxmi Enclave, near Shiv Vihar Tiraha, Delhi.
8 Sachin Car make and model Maruti Suzuki 25.02.2020 (Ex.A-12) Wagon-R bearing no. DL-2CAS-3960, was set on fire, which was parked in Page 26 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint Shiv Vihar Tiraha Parking.
During riots Car make and model Scorpio bearing no. between Shahjad HR-51AV-5741, was set on fire, which 24.02.2020 9 (Ex.A-13) was parked in Shiv Vihar Tiraha Parking. and 25.02.2020 Car make and model Maruti Dizire Riyasatdin bearing no. DL-5CQ-2005, was set on 25.02.2020 10 (Ex.PW2/A) fire, which was parked in the parking of at 1 PM Veer Vatika, near Shiv Vihar Tiraha. Rioters broke the locks of Shops under the name and style of "Star Setup Box Service Center" & "Mobile Shop", Came to which were situated at A-119, Plot know on Mustafa No.79/80, A-Block, and looted all the 25.02.2020 11 (Ex.PW1/A) goods worth Rs.4.5 lacs as well as cash at around amounting to Rs.20,000/-. 2AM Rioters also removed the furnitures etc. outside the shops and set them on fire.
Rioters pelted stones and threw petrol As per her bomb on H.No. A-70/1, Gali No.1, knowledge Smt. Sarita Mahalaxmi Enclave, Karawal Nagar, incident 12 Gokalpuri, Delhi-110094. They also took place (Ex.A-14) damaged household articles, kept on therein. 25.02.2020 Car make and model Maruti Ignis Mohsin Khan bearing no. DL-5CR-2104, was set on 25.02.2020 13 fire, which was parked in Shiv Vihar at 5 PM (Ex.A-15) Tiraha parking.
Car make and model Maruti Swift VXI Mehtab 25.02.2020 bearing no. DL-2CBB-3222, was set on 14 Ansari or fire, which was parked in Shiv Vihar (Ex.A-16) 26.02.2020 Tiraha parking.
Car make and model Santro Car bearing Sameer no. DL-8CAA-4117, was set on fire, 15 25.02.2020 (Ex.A-17) which was parked in Shiv Vihar Tiraha parking.
16 Mohd. Islam Rioters attacked with lathi, danda and In the noon Page 27 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint Sword; committed vandalism and loot in house and shop situated in property time of (Ex.A-78) no. D/10, 326, Mahalaxmi Enclave, Shiv 25.02.2020 Vihar Pulia, Delhi.
Motorcycle make and model Splendor bearing no. DL-14SD-5102, was set on 25.02.2020 fire throwing petrol bomb, gas cylinder Ravi in between 17 and exam sheet paper from the terrace of (Ex.A-69) 3 to 4 Rajdhani Public School. This motorcycle O'clock was parked in the house behind Rajdhani School.
Mohd. Car make and model Honda Civic 25.02.2020 Saroon bearing no. DL-2CH-8666, was set on 18 between 3 Ansari fire, which was parked in Shiv Vihar to 4 PM (Ex.A-18) Marriage Hall parking area.
Car make and model Maruti Baleno Between Delta bearing no. DL-6CR-5763, was set Kapil Tyagi 24.02.2020 19 on fire, which was parked in Jagat (Ex.A-19) to Palace, Main Road, Shiv Vihar Tiraha, 27.02.2020 Karawal Nagar, Delhi.
Car make and model Maruti Wagon-R Mohd. Kasim bearing no. DL-1RTA-3981, was set on 25.02.2020 20 fire, which was parked in Kunwar Veer (Ex.A-20) Vatika parking.
Car make and model Maruti Swift VXI Abid bearing no. DL-6CQ-4034, was set on 21 26.02.2020 (Ex.A-21) fire, which was parked in Shiv Vihar Tiraha parking.
Car make and model Hyundai I-20 Sikander Ali Magna bearing no. DL-07CQ-1209, was 25.02.2020 22 set on fire, which was parked in Shiv at 7 PM (Ex.A-22) Vihar Babu Nagar parking.
Car make and model Mahindra Champion Load bearing no. DL-1LQ- Seema 4498, was set on fire, which was parked 25.02.2020 23 (Ex.A-23) in Shiv Vihar Tiraha, Kunwar Veer Vatika parking.
24 Abdul Gaffar Car make and model Hyundai Grand I- 25.02.2020 (Ex.A-24) 10 Magna 1.2 bearing no. DL-5CN- or Page 28 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint 4604, was set on fire, which was parked 26.02.2020 in Shiv Vihar Tiraha parking.
Scooty make and model TVS Jupiter bearing no. DL-5SAM-6727, was set on 25.02.2020 fire throwing petrol bomb, gas cylinder Vikas in between 25 and exam sheet paper from the terrace of (Ex.A-70) 3 to 4 Rajdhani Public School. This scooty was O'clock parked in the house adjacent to Rajdhani Public School.
Car make and model Hyundai I-20 ERA 25.02.2020 Mohd. Azim VTVT bearing no. DL-7CR-3391, was 26 or (Ex.A-25) set on fire, which was parked in Shiv 26.02.2020 Vihar Tiraha parking.
Commercial car make and model Maruti Nadim Celerio of white colour, bearing no. UP- 27 Ahmed 19T-2419, was set on fire, which was 25.02.2020 (Ex.A-26) parked at Shiv Vihar Tiraha in the parking of Ravi.
25.02.2020
Car make and model Maruti Swift
Riyajuddin or
bearing no. DL-5CQ-5580, was set on 28 (Ex.A-27) 26.02.2020 fire, which was parked in Shiv Vihar (Ex.A-74) at around Tiraha Mohalla parking.
1 PM Car make and model Maruti Vitara Brezza ZOI+ bearing no. DL-5CR-0728, Mohd. Salim was set on fire, which was parked in 25.02.2020 29 (Ex.A-28) Shiv Vihar Tiraha parking near Anil Sweets.
Car make and model Maruti Swift Between bearing no. DL-5CR-4184, was set on Matin 24.02.2020 30 fire, which was parked in the parking (Ex.A-29) to near Anil Sweet Corner, Shiv Vihar 28.02.2020 Tiraha.
Car make and model Maruti Celario Arshad Malik bearing no. DL-5CK-8498, was set on 31 (Ex.A-30) -
fire, which was parked in Shiv Vihar (Ex.A-71) Tiraha parking on 24.02.2020. 32 Vinod Kumar Rioters set on fire his Santro Car bearing 25.02.2020 (Ex.A-31) no. UP-14BE-6857; motorcycle make Page 29 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint splendor bearing no. DL-14SD-5102; scooty make Jupiter bearing no. DL- 5SAM-6727 and his relatives EON car bearing DL-7CT-8395. These vehicles were parked in Tin-shaded parking in his plot, situated behind Rajdhani Public at 3-4 PM School.
Rioters threw petrol bomb, gas cylinders and exam sheets in the said parking from the terrace of Rajdhani Public School. Car make and model Mahindra XUV 25.02.2020 Israil bearing no. DL-8CAX-8749, was set on 33 at around (Ex.A-32) fire, which was parked in Mohalla 1 PM Parking, Shiv Vihar, Mustafabad, Delhi. Car make and model Hyundai Venue 25.02.2020 Shah Alam bearing no. DL-7CR-5032, was set on 34 at around (Ex.A-33) fire, which was parked in Mohalla 1 PM Parking, Shiv Vihar, Mustafabad, Delhi. Car make and model Mahindra Supra (Chhota Haathi) bearing no. DL-1LAB- Rahul Sisodia 8071, was set on fire, which was parked 25.02.2020 35 (Ex.A-34) in Jagat Palace Parking, near Shiv Vihar Tiraha.
Car make and model Hyundai Santro 25.02.2020 Mohd. Arif bearing no. DL-13C-7969, was set on at around 36 fire, which was parked in Shiv Vihar (Ex.A-35) Tiraha parking. 4 PM Car make and model Maruti Alto LXI Krishan Kant bearing no. DL-8CNB-8882, was set on 37 Sharma 25.02.2020 fire, which was parked in Shiv Vihar (Ex.A-36) Tiraha parking.
Car make and model Maruti Alto K10 Between LXI bearing no. DL-6CQ-3952, was set Arif Malik 24.02.2020 38 on fire, which was parked in the parking (Ex.A-37) to near Anil Sweet Corner, Shiv Vihar 28.02.2020 Tiraha.
39 Asif Car make and model Maruti Wagon-R Between (Ex.A-38) LXI bearing no. DL-5CQ-2303, was set 24.02.2020 on fire, which was parked in the parking to Page 30 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint near Anil Sweet Corner, Shiv Vihar 28.02.2020 Tiraha.
Car make and model Maruti Baleno Farman Sigma bearing no. DL-10CK-7708, was 40 Malik 25.02.2020 set on fire, which was parked in the (Ex.A-39) parking, Babu Nagar, Shiv Vihar Tiraha.
Car make and model Hyundai Grant I-10 25.02.2020 Mohd. Shahid Magna bearing no. DL-8CAL-7237, was at around 41 set on fire, which was parked in Mohalla (Ex.A-40) 1PM Parking, Shiv Vihar, Mustafabad, Delhi Car make and model Hyundai Verna Mohd. 25.02.2020 bearing no. DL-7CQ-2680, was set on 42 Kashan at around fire, which was parked in Shiv Vihar (Ex.A-41) 4PM Tiraha parking.
Car make and model Maruti Wagon-R Between LXI bearing no. DL-5CQ-8263, was set Lalit Sharma on fire, which was parked in the parking 24.02.2020 43 to (Ex.A-42) near Anil Sweet Corner, Shiv Vihar 28.02.2020 Tiraha.
Car make and model Santro Xing Mohd. Tahir bearing no. DL-8CN-8507, was set on 44 Saifi 25.02.2020 fire, which was parked in the parking (Ex.A-73) near Anil Sweets, Shiv Vihar Tiraha.
Car make and model Duster bearing no. Wasim DL-13C-5498, was set on fire, which 45 Akram -
was parked in the parking of Bahram (Ex.A-43) Singh Parihar, Shiv Vihar Tiraha.
Car make and model Maruti Wagon-R Younus LXI bearing no. DL-5CQ-6608, was set 46 25.02.2020 (Ex.A-44) on fire, which was parked in the parking at Shiv Vihar Tiraha.
Car make and model Creta bearing no. Between Shoaib DL-5CQ-6912, was set on fire, which 24.02.2020 47 was parked in the parking near Anil to (Ex.A-45) Sweet Corner, Shiv Vihar Tiraha. 28.02.2020 48 Ram Prakash Car make and model Hyundai Santro 25.02.2020 (Ex.A-46) bearing no. DL-7CE-8142, was set on at 5PM fire, which was parked in Shiv Vihar Page 31 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint Tiraha parking.
Car make and model Maruti Swift Between bearing no. DL-1CAA-8203, was set on Alimudin 25.02.2020 49 fire, which was parked in a private (Ex.A-47) to parking at Brijpuri Road, near Shiv 26.02.2020 Vihar Tiraha.
Rioters broke the shutters of Pizza Diet Shop situated at C-3/C-2, Chaman Park, Brijpuri Road, near Shiv Vihar Tiraha; committed vandalism and set the same 25.02.2020 Pawan Singh on fire. In this incident, all the tables & at around 50 (Ex.PW11/A) chairs, T.V., Toughen Counter Table, 4-5 PM Oven etc. including two motorcycles, burnt. Victim suffered loss of approximately Rs.15-20 lac.
Car make and model Maruti Suzuki Prashant 25.02.2020 Baleno bearing no. DL-2CAZ-9233, was 51 Tyagi at around set on fire, which was parked in Shiv (Ex.PW4/A) Vihar Tiraha Mohalla parking. 1PM Ayub Handcart was set on fire, which was 52 24.02.2020 PW12 parked in the garage near Cola Factory.
Auto bearing no. DL-1RZ-2861, was set Zahira on fire, which was parked in Jagat 24.02.2020 53 (Ex.A-75) Palace Parking.
Car make and model Renault Kwid RXL bearing no. DL-1CV-9543, was set on Yogesh fire, which was parked in the parking 25.02.2020 54 (Ex.A-48) near Shiv Vihar Tiraha near Rajdhani Public School.
Car make and model Maruti Swift Dzire Jyoti bearing no. DL-1CP-5281, was set on 55 25.02.2020 (Ex.A-49) fire, which was parked in Kunwar Veer Singh Parking, Shiv Vihar Tiraha. Auto Rickshaw make and model Bajaj Md. Shakib RE Compact CNG 4S bearing no. DL- 56 25.02.2020 (Ex.A-50) 1RV-6221, was set on fire, which was parked in Shiv Vihar Tiraha parking. 57 Mohd. Asif Car make and model Maruti LXI bearing Between Page 32 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint no. DL-1CT-0269, including original documents, RC, PUC and Insurance, was 25.02.2020 (Ex.A-51) set on fire, which was parked in the to parking near Anil Sweet Corner, Shiv 27.02.2020 Vihar Tiraha.
Car make and model Maruti Suzuki 25.02.2020 Vakeel Malik Swift LXI bearing no. DL-6LQ-3732, or 58 Ex.PW16/A was set on fire, which was parked in 26.02.2020 Shiv Vihar Tiraha parking.
Car make and model Maruti Baleno Zeta 25.02.2020 Mohd. Safi bearing no. DL-5CR-4161, was set on 59 at around (Ex.A-52) fire, which was parked in the parking at 4PM Shiv Vihar Tiraha.
Car make and model Maruti Ertiga Raj Kumar bearing no. DL-4CAS-6935, was set on 60 25.02.2020 (Ex.A-53) fire, which was parked in Jagat Palace Parking, Shiv Vihar Tiraha.
Car make and model Hyundai I-20 Shubham Magna bearing no. DL-5CP-4283, was 61 Kumar set on fire, which was parked in the 24.02.2020 Ex.PW13/A parking behind Anil Sweet Corner at Shiv Vihar Tiraha.
Car make and model Xcent Prime Adil Khan bearing no. HR-55AG-4457, was set on 62 25.02.2020 (Ex.A-54) fire, which was parked in Parihar Parking, near Anil Sweet Shop.
Car make and model Honda WRV Anil Kumar bearing no. DL-14CD-2060, was set on 63 25.02.2020 (Ex.A-55) fire, which was parked in Jagat Palace, Shiv Vihar Tiraha.
Motorcycle bearing no. DL-5SCB-9976, Jatin Dhama was damaged by danda and rods, which 24.02.2020 64 Ex.PW14/A was parked at Shiv Vihar Tiraha.
Car make and model Hyundai Xcent bearing no. DL-11CA-5084, was 25.02.2020 Lalit Kumar damaged and attempt was made to set it at around 65 Ex.PW15/A on fire. At that time victim was residing 04:30 PM at A-23, Gali No.1, Mahalaxmi Enclave, Karawal Nagar, Delhi-94.
Page 33 of 41 (Pulastya Pramachala)ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Sl. Name of Incidents/Place of incidents Date and No. complainant/ time of victim & his incident complaint Motorcycle make and model Hero Sharik Splendor bearing no. DL-5SCC-6490, 66 24.02.2020 (Ex.A-76) was snatched near Karawal Nagar Chowk and was set on fire.
Car make and model Hyundai Eon Dlite Salman Khan + bearing no. DL-1CT-6551, was set on 25.02.2020 67 fire, which was parked in Shiv Vihar (Ex.A-56) Tiraha Mohalla parking.
Auto bearing no. DL-1RP-5050, was set 25.02.2020 Bishambhar on fire, which was parked in Shiv Vihar at around 3 68 (Ex.A-77) Tiraha parking. O'Clock Rioters broke the shutter of welding shop, which was situated in Mahalaxmi Enclave, near Shakuntala Devi Chuna Bhatti, Shiv Vihar, Karawal Nagar Road, Came to Delhi. Rioters looted this shop. know on Ishak Khan 26.02.2020 69 (Ex.A-79) Rioters also set on fire his son-in-law's at 09:30 car make and model Santro bearing no. AM DL-3CBV-7277, which was parked behind aforesaid shop in the godown of Shakuntala Devi Chuna Bhatti.
Car make and model Maruti Swift LXI He came to Azad bearing no. DL-2CAQ-8287, was set on 70 know on (Ex.A-57) fire, which was parked in a Hall at Shiv 26.02.2020 Vihar Tiraha, near Anil Halwai.
23. Since defence had opted to admit many of the complaints under Section 294 Cr.P.C. on the basis of the fact that in such complaints, the respective complainants had not claimed to witness the incident, therefore, such complainants were dropped as witness in this case. These complaints were exhibited on the basis of admission. From the above mentioned table those complaints can be distinguished on the basis of the fact that below the names of such complainants there is reference to exhibit mark of their respective complaints.
Page 34 of 41 (Pulastya Pramachala)ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur
24. As far as gathering of unlawful assembly and riot, is concerned, PW6/Neeraj Giri in his testimony deposed that on 25.02.2020 he left a parking being run by him at Plot No.1, Thakur Brahm Singh Market, Shiv Vihar Tiraha at about 04:30 PM. At that time, two different mobs had started coming towards Shiv Vihar Tiraha from the side of Brijpuri and Karawal Nagar, respectively. Both these mobs were equipped with danda etc. and they were abusing each other. However, till that time no incident of vandalism and assault had taken place. PW8/Nazim Khan also deposed about seeing two different mobs on a day, but he was not sure about the date on which he had seen these two mobs. He deposed that these two mobs were raising slogans of "Jai Shree Ram" and "Allah- hu-Akbar", which shows that the above mentioned referred mobs were two rival mobs having persons from Hindu and Muslim Community, respectively. PW9/Sh. Mahender Uppal himself was not present at his house and he referred to a telephonic information received by his wife from the neighbours that his house was burnt by the rioters. PW11/Sh. Pawan Singh also referred to the information given to him by his manager of the shop of "Pizza Diet" about riot taking place and vandalizing his restaurant. However, he was also not sure about the date of such incident. PW12/Ayub referred to the date of 24.02.2020 and deposed that riot had taken place on this day. According to him, a mob had assembled at Shiv Vihar Tiraha on this day at 02:00- 02:30 PM and at that time he had left that place. PW14/Sh. Jatin Dhama also referred to telephonic information received from his brother Nitin on 24.02.2020, wherein he was informed that riot was taking place near his shop situated at Shiv Vihar Tiraha. In Page 35 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur the complaint Ex.PW14/A (stated to be in handwriting of his brother Nitin), he had mentioned the date of incident as 25.02.2020. However, at the bottom of this complaint another date of 24.02.2020 was also mentioned. As per testimony of PW15/Lalit Kumar, his car which was parked in front of his house in Gali No.1, Mahalaxmi Enclave, was damaged somewhere after afternoon, when he was present inside his home and he heard noise of riots. According to PW18/Nawab Khan on 25.02.2020, his father-in-law telephonically informed him that his car parked in a garage near Shiv Vihar Pulia was burnt in the riots. However, exact date of this incident was not deposed by him.
25. Apart from aforesaid complainants, none of the other public witnesses even referred to any information received by them regarding date of riot, though all of them claimed that their properties were damaged in the riots. PW17/HC Ankit Malik and PW20/HC Vikas deposed about being on duty at Shiv Vihar Tiraha on 25.02.2020. These two police witnesses also referred to two rival mobs from Hindu and Muslim Community being present near Shiv Vihar Tiraha on this day during evening time. As per their testimony, both these mobs were indulging into riots while pelting stones and petrol bombs towards each other. From the over all reading of testimony of all these witnesses, it does appear that riot had taken place wherein two separate sets of unlawful assembly (mob) with common object to attack upon each other, came into action in the area near Shiv Vihar Tiraha. Thus, there is no doubt about unlawful assemblies coming into existence and indulging into riot on 25.02.2020 near Shiv Vihar Page 36 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur Tiraha.
IDENTIFICATION OF ACCUSED PERSONS
26. Now the important question is that whether accused persons herein, were part of that mob which was responsible for incidents behind all 70 complaints being prosecuted in the present case? In this respect, as far as evidence on the record is concerned, I find that only three (3) witnesses deposed before the court to identify both accused persons. Remaining witnesses as examined by the prosecution, did not help the case of prosecution in this respect.
27. PW8 was first of such witnesses. As already observed herein- above, PW8 did not tell the exact date of witnessing the riots. Though he deposed about two mobs pelting stones on each other and a parking near Tripal Factory near Shiv Vihar, being set on fire. But, he did not know as to which mob had set that parking on fire. He identified both the accused persons, saying that they were in the mob which was present around the parking space at Shiv Vihar, but he did not see them in the parking space. From the testimony of this witness, it cannot be ascertained as to on which date he had seen both the accused persons among the mob. Moreover, this witness himself was not sure as to which mob had set the parking on fire. Further more, it cannot be ascertained as to which parking was being referred by this witness. From the testimony of IO/PW22 and the case of prosecution as well as the site plans placed on the record, I can find that there were at least two parking probably adjacent to each other. The site plans unfortunately do not show the position of any of the mobs. Therefore, even otherwise one cannot get much idea from the testimony of PW8 about area of action of the particular mob Page 37 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur belonging to persons from Hindu Community.
28. The other two witnesses are police witnesses i.e. PW17 and PW20. Both these witnesses identified the accused persons herein and they deposed that these two accused persons were in the front line of the mob at Shiv Vihar Tiraha. They further deposed that this mob had set ablaze the house of Mahender Singh in Gali No.1, Mahalaxmi Enclave. Now, it has also come on the record from the testimony of IO/PW22 itself that in Gali No.1, Mahalaxmi Enclave the maximum residents belonged to Muslim Community. It was also acknowledged by the IO that during this riot persons from Hindu Community were attacking on persons and properties of Muslim Community and vice versa. In that situation, it must be established with all clarity that despite having a different common object, the mob of persons from Hindu Community set on fire the house of a Hindu person. Interestingly, none of these two witnesses or any other witness deposed about houses of persons from Muslim Community in this gali, being attacked by this mob of Hindu persons. Though, it was not disputed by IO that there were houses of Muslim persons around the house of Mahender. Both these witnesses also deposed about a parking near Shiv Vihar Tiraha and adjacent to Gali No.1 being set ablaze by this mob. I have already mentioned that as per site plan prepared by IO himself, there were two parking places on the back of each other. Which parking was being referred by these two witnesses, is a question which was never looked into by the prosecution and IO. It appears more of a case where several instances of damage and arson taken place around Shiv Vihar Tiraha, were imputed upon a particular mob Page 38 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur i.e. mob from Hindu Community on the basis of presumptions. The investigation was not carried out for each complaint clubbed in this case with the focus to even find out exact date and time of such incident and a presumptive conclusion was given in the chargesheet by the IO.
29. The kind of investigation conducted by IO/PW22 is reflected from the following part of his testimony itself: -
"16. On 29.06.2020, in accordance with order passed by the court, I released TSR of Bishambher to him, on superdari. 8 photographs of this TSR and a punchnama of this TSR, were placed on the record. Photographs were handed over by Bishambher. I did not obtain any certificate from him in respect of those photographs. (CQ:- Do you know, if any certificate is required alongwith these photographs? A: I knew about such requirement.)
17. ...........I did not take any certificate from Tahir also regarding those photographs.
25. (CQ:- Did you get inspected places of incidents, as per other 69 complaints clubbed by you in this case, through Crime team? Did you obtain photographs of the subject matter of these 69 complaints? A: I did not get inspected these places of incidents, as per other 69 complaints, through Crime team. 60 complaints were related to burning of vehicles in car parking. Their photographs were not taken, since vehicles were already removed from that place, prior to case being handed over to me. Out of 9 other complaints, with maximum complaints, photographs were already attached. I did not get inspected the parking places, through Crime team.)
26. There was residential area on the side and on the back side of parking places. I had recorded statement of caretakers regarding fire in the parking places. Caretakers did not take name of anyone, as culprits. I did not record statement of anyone in this case, prior to 05.03.2020. (Attention of witness has been taken to the statements recorded u/s 161 Cr. PC of Shah Alam dt.03.03.2020, Rahul Sisodia dt.02.03.2020, Arif Malik dt.03.03.2020, Asif dt.03.03.2020, Shahid dt.04.03.2020, Yunus dt.04.03.2020, Shoaib Malik dt.04.03.2020, Mohd. Saddam dt. 04.03.2020, Mehtab Ansari dt.03.03.2020, Abid dt.03.03.2020, Sikander dt.04.03.2020, Seema dt.03.03.2020, Abdul Gaffar dt.03.03.2020, Azeem dt.04.03.2020, Nadeem Ahmed dt.04.03.2020, Mohd. Saleem dt.04.03.2020, Shoaib dt.04.03.2020, Yogesh dt.04.03.2020, Wakil Malik dt.04.03.2020, Lalit dt.03.03.2020 & Adil Khan dt.04.03.2020, to suggest that he has wrongly denied recording statement of anyone, prior to 05.03.2020, in this case. Witness has opted to give answer, without looking at aforesaid Page 39 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur statements. Witness states that these statements were recorded and print of the same were taken out without date and signed by him. A typist was asked by him to put dates on these statements and that typist put the dates, as per complaints made by these witnesses. These statements are exhibited as Ex.PW22/D-1 to Ex.PW22/D-20) (Attention of witness has been taken to another statement of Prashant Tyagi dt.05.02.2020, with suggestion that this was recorded even prior to the riots and the witness gives the same reason, as mentioned here- in-above. This statement is exhibited as Ex.PW22/D-21.) It is wrong to suggest that I had prepared aforesaid statements on my own, without recording statements of these witnesses."
30. Another aspect of this case relates to the arrest of the accused Raj Kumar @ Gole. According to IO/PW22 and PW20/HC Vikas, on 13.03.2020 at about 8PM a secret informer told him about presence of accused Raj Kumar @ Gole at Shiv Vihar Tiraha and he along with PW20 went to Shiv Vihar Tiraha. At that place, at the instance of secret informer Raj Kumar @ Gole was apprehended and PW20 also identified him. PW20 on the other hand did not mention that they had gone to Shiv Vihar Tiraha on the basis of any secret information and along with any secret informer. It was actually absurd claim of IO that if PW20 knew accused Raj Kumar @ Gole, then a secret informer was required to point out to him. This scenario reflects a kind of artificiality in the claim of IO. As per case of prosecution, IO had recorded statement of PW17 and PW20 on 05.03.2020 itself and allegedly both these witnesses had named both the accused persons in their statements. Both these witnesses claimed that they knew both the accused as they were BC of that area and they also knew that accused persons were resident of Mahalaxmi Enclave. However, there is no whisper of any raid conducted by IO along with these two police witnesses in Mahalaxmi Enclave to apprehend accused persons after 05.03.2020.
31. Prosecution also relied upon six (6) photographs found in the Page 40 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi CNR No. DLNE01-001824-2021 State v. Raj Kumar @ Goli etc. SC No. 241/21, FIR No. 125/20, PS Dayalpur mobile phone, which was allegedly recovered from Raj Kumar @ Gole. PW19 retrieved data from this mobile phone and during his testimony these images were proved. However, this witness also deposed that he could not tell as to on what date aforesaid photographs were taken. These photographs show picture of accused with some weapons. These photographs do not show picture of any riotous incident and therefore, I do not find them to be of any use in this case. Thus, on over all appreciation of evidence on the record, I find that an element of doubt remains over the case presented by prosecution against both the accused persons. From the testimony of above mentioned three (3) witnesses, it has come on the record that both the mobs were in action at that place and there must be certainity to show that a particular incident was caused by a particular mob. I find that the evidence on the record do not make it clear that which particular mob was behind which particular incident. Therefore, it cannot be said with all certainity that both the accused persons herein were part of that mob, which was all the incidents prosecuted by IO in this case.
CONCLUSION & DECISION
32. In view of my foregoing discussions, observations and findings, I find that accused Raj Kumar @ Goli and Raj Kumar @ Raju, are entitled for benefit of doubt in this case and hence, they are acquitted of the charges levelled against them in the present case.
Announced in the open court (PULASTYA PRAMACHALA) today on 14.03.2024 ASJ-03 (North- East) (This order contains 41 pages) Karkardooma Courts/Delhi Page 41 of 41 (Pulastya Pramachala) ASJ-03, North-East District, Karkardooma Courts, Delhi