Delhi: Karkardooma Court acquits sole accused in Dilbar Negi murder case

New Delhi [India], February 28 (ANI): Delhi's Karkardooma Court has acquitted the sole accused in Dilbar Negi's murder case, citing a lack of substantial evidence against the accused.
This case is related to Dilabar Negi's murder in the Gokul Puri area during the North East Delhi Riots of 2020. It was alleged that rioters had burnt Negi alive in the godown of a shop.
Earlier in October 2023, the court had discharged 11 accused persons in this case.
Accused Mohd. Shahnawaz alias Shanu was charged for murder, rioting and other offences. The Additional Sessions Judge (ASJ) Pulastya Pramachala acquitted Mohd. Shahnawaz, alias Shanu, is giving him the benefit of the doubt.
ASJ Pramachala said, "I find that charges levelled against accused Mohd. Shahnawaz alias Shanu, in this case, is not proved beyond reasonable doubts."
" Hence, accused Mohd. Shahnawaz alias Shanu is given the benefit of the doubt, and he is acquitted of all the charges levelled against him in this case," ASJ Pramachala ordered on February 24.
This case pertains to rioting and setting on fire a godown of a sweet shop in the Gokul Puri area. In this godown, an employee, namely Dilbar Negi, was also burnt by the riotous mob. His half-burnt body was found ok the second floor of the building.
The court discharged 11 accused persons, namely Mohd. Faizal, Azad, Asraf Ali, Rashid alias Monu, Shahrukh, Mohd. Shoaib alias Chhutwa, Parvez, Rashid alias Raja, Mohd. Tahir, Salman, and Sonu Saifi, from all offences.
However, the court framed charges against Mohd. Shahnawaz for offences punishable under section 148 (rioting with deadly weapons), 153 A (Promoting enmity between communities), 302 (Murder), 436 (destruction of property by fire) 450 (offence of house trespassing) IPC read with 149 (Punishment for Unlawful Assembly) IPC as well as u/s. 188 (Violation of orders issued by a public servant) IPC. The Charges were framed accordingly against the accused, Mohd. Shahnawaz alias Shanu, to which he pleaded not guilty and claimed trial.
On February 26, 2020, at approximately 1:04 PM, police received information about a mob throwing stones near Kabir Building, Gali No. 1, Bhagirathi Vihar.
The rioters had allegedly set the house of the owner of Anil Sweets, which was situated in Chaman Park, on fire. Police found that this house was burnt.
During an inspection of this house on the 2nd floor, they found a half-burnt dead body of a person in a hall. The hands and legs of the dead body were missing.
On inquiry, it was found that it was the house/godown of Anil Pal and that it was the dead body of a person, namely Dilbar, who used to work as a waiter for Anil Pal.
The dead body was sent for postmortem at GTB hospital. On February 28, 2020, this FIR registered for offence under sections 147, 148, 149, 302, 201, 436, and 427 IPC.
Devender, his brother, identified Dilbar Negi's body. As per the statement given by witness Shyam Singh on February 24, 2020, Dilbar had gone to the godown at about 02:00 PM to have his lunch.
He stated that around 02:30 PM, the pelting of stones started near their shop (Anil Sweets), due to which the shop was closed, and all the workers, including the owner, remained inside that sweet shop.
After around one hour, they left that place, and this witness came to rescue the brother and nephew of Anil from their Pastry Shop.
Thereafter, this witness, along with others, went to the terrace of Anil's dairy. From that place, they saw that a number of persons had gone up to the terrace of Anil's godown, and they were vandalising that godown.
Those persons were pelting stones towards this witness and other persons. The witness saw the rioters entering their godown along with petrol-filled bottles, stones, etc., at about 06:40-06:45 PM. Shanu was one of them.
At about 07:30-08:00 p.m., this witness met another worker of his shop, namely Mahesh. Mahesh informed him about having a telephone conversation with Dilbar and that Dilbar had been stuck in the godown since the afternoon. At about 09:30 PM, this witness called Dilbar on his phone, but his phone was switched off, and he informed his employer, Anil, of this fact. The next day, they could not visit that godown due to riots, and they did not have any information about Dilbar. They had given this information to Dilbar's father.
The court said, " Thus, for want of any substantive evidence to show that accused Shahnawaz had .entered this Godown along with other rioters at about 9 PM, afore-said kind of evidence in the form of admission to suggestion being given by Prosecutor, cannot be basis to presume guilt of accused Shahnawaz.
" Hence, I find that prosecution has failed to establish the fact that accused Shahnawaz had entered this Godown along with other rioters at about 9 PM and thereafter, this Godown was set on fire by those rioters," ASJ Pramachala held in the judgment. (ANI)