New Delhi [India], September 2 (ANI): The Delhi High Court on Wednesday issued notice to Delhi Police on an appeal moved by Tahir Hussain. Tahir Hussain has challenged the conviction and sentence in the Ankit Sharma murder case.
IB Official Ankit Sharma was murdered in the Dayal Pur area during the North East Delhi Riots in February 2020. His mutilated body was recovered from a drain. A division bench of Justices Prathiba M Singh and Vikas Mahajan issued notice and sought a response from Delhi Police.
Advocate Rajiv Mohan and Tara Narula appeared for Tahir Hussain. Special Public Prosecutor (SPP) Rajat Nair appeared for Delhi police and accepted notice.
The counsel for the petitioner said that Tahir Hussain has no role in this case. No specific role has been attributed to him by the police. His case should be heard separately.
The court said that we will hear you separately once we finish the hearing appeals together. A young man died; we will assess the role of each appellant.
Tahir Hussain alongwith others 4 was sentenced to life sentence by the Karkardooma Court on July 31. They were Convicted on July 13.
The appeal has been filed through Advocate Rajiv Mohan, Tara Narula, Sonal Sarda and Shivangi Sharma.
Appellant Tahir Hussain was held guilty for commission of offences punishable under section 188 IPC, 153A read with section 149 IPC, 147 read with Section 149 IPC, section 148 read with section 149 IPC, section 365 read with section 149 IPC and section 302 read with149 IPC.
It is stated that the court had acquitted Tahir Hussain under section 120B IPC (criminal conspiracy), 505 IPC (exhortations for public mischief) and 109/114 IPC (abetment and instigation) on account of the prosecution’s failure to prove these charges against the Appellant beyond reasonable doubt.
However, the Trial Court erroneously found him guilty on account of vicarious liability only (by the aid of Section 149 IPC) due to alleged membership of an unlawful assembly which had committed offences in pursuance of a common object, particularly the killing of Ankit Sharma, the appeal stated.
The appeal challenging the appeal has stated that the Trial Court completely disregarded the fabrication of the complaint. Further, in order to convict the Appellant under the sections with the aid of Section 149 (unlawful assembly), the Trial Court relied upon 5 witnesses, namely Pradeep Verma, Deepak Pradhan, Akash, Bharat and Priyanka Gaur.
It is further stated that the Trial Court erroneously disregarded the statement of Vikalp Kochar in relation to Tahir Hussain despite him categorically stating that he had not seen him in the unlawful assembly. The said witness had otherwise deposed in great detail regarding the killing of Ankit Sharma, which the Trial Court also found most compelling and believable.
The plea has also mentioned that Deepak Pradhan and Priyanka Gaur are not witnesses to the killing of Ankit Sharma, and thus, are witnesses who have no bearing upon the case.
Further, Deepak Pradhan was confined within the premises of the temple to which he had come, which temple was inside a gali, away from Chand Bagh Pulia, the place of incident. Priyanka Gaur also stayed within the gali in which her house was located. As such, neither of them could have witnessed the incident or anything that transpired at Chand Bagh Pulia.
It is contended that the judgment convicted the Appellant, it is unsustainable in law, is based on surmises and conjectures, is unsupported by evidence, as well as has undertaken an incorrect appreciation of facts.
While analysing the evidence, the Trial Court miserably failed to bear in mind that a criminal trial resembles a voyage in which unearthing of truth is the pursuit, and that it could not have therefore believed concocted, fabricated and fabulated evidence put forth by the prosecution with the sole aim of framing the appellant.
Karkardooma court on July 31 awarded a life sentence to Tahir Hussain and 4 other Convicts. He was murdered during the North East Delhi riots in February 2020 in the Dayal Pur area. His mutilated body was recovered from a drain.
The prosecution had sought capital punishment for all the convicts, citing the barbarity during commission of the offence. It was also submitted that a heavy cutting weapon was used in the commission of the offence.
Additional Sessions Judge (ASJ) awarded a life sentence to Tahir Husain, Nazim, Kashim, Javed, and Anas for the offence of murder. The court imposed a fine of Rs. 5 lakh on Tahir Hussain and Rs. 25000 on the other Accused persons each.
They were additionally sentenced to 7 years’ imprisonment for the offence of Kidnapping and imposed fine also. They were also sentenced for the offences of rioting etc.
Special Public Prosecutor (SPP) Madhukar Pandey had sought capital punishment and submitted that these convicts are savage. They did not remain human while committing the offence.
It was submitted that it was a cold-blooded murder. It was deliberate. A heavy cutting weapon was used. It is akin to a butcher.
The SPP had also said before the court that the killing should not be seen in isolation, adding that In north east Delhi riots, 53 people died. So the context is important.
The conduct of the rioters, including convicts, demands that they be given the death sentence, the SPP had said.
It was also said that there were 51 injuries on the body of Ankit Sharma; 7 were sufficient to cause death. A heavy cutting weapon was used. It is also submitted that the convicted were not provoked by the deceased.
On the other hand, Advocate Rajiv Mohan along with Advocate Tara Narula, counsel for Tahir, while praying for leniency in sentence, had said that the death sentence cannot be given in every murder case.
The aggravating and mitigating factors should be assessed.
It was also submitted that 6 accused out of 11 have been acquitted by the court. Tahir Hussain has been convicted for the substantive offence of Section 188, and he has vicarious liability for other offences and common intention
He is convicted for common intention, the counsel said.
It was further submitted by the defence counsel that there was a huge crowd at Chand Bagh Pulia. Tahir Hussain was part of an unlawful assembly with a common intention to commit rioting.
The counsel for Tahir Hussain had also said that the role attributed to the accused is a guiding factor in giving a sentence. The counsel said that the police were present there and were not able to stop the Rioting.
There is no preparation, no Conspiracy; the deceased was taken by the crowd, and brutality was committed. This case is not on par with the cases which provided death sentence, the counsel argued.
It was also submitted that the conduct of Tahir Hussain remained satisfactory during custody. It should be considered while giving the sentence.
The counsel had said that no particular role has been attributed to Tahir Hussain. Therefore, this case doesn’t fall under the category of rarest of rare cases.
In rebuttal, the SPP Madhukar Pandey had said that the person seeking mercy should show mercy. No one has a licence to kill someone.
It was submitted that Ankit Sharma was dragged after tying the clothes around his neck and he was thrown in a nala from a building.
The conduct of these convicts during the commission shows that they had turned into beasts, the SPP Said.
The SPP also submitted that being an MCD councillor, a public servant, it was the duty of Tahir Hussain to save Ankit Sharma. Each and every member of the mob is liable to be punished for the offence.
While pleading mercy, they (Convicts) are telling half-truths, the SPP had said. (ANI)
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