A Delhi Court recently convicted one Ariz Khan in the case concerning the 2008 Batla House Encounter in which a Police inspector was killed. .Sanjeev Yadav, Additional Sessions Judge, Saket convicted Khan for commissions of offences under Sections 186 (Obstructing public servant in discharge of public functions)/ 333 (Voluntarily causing grievous hurt to deter public servant from his duty)/ 353 (Assault or criminal force to deter public servant from discharge of his duty)/ 302 (Murder)/ 307 (attempt to murder)/34 (common intention) IPC and Sections 27 (Punishment for using arms, etc) of Arms Act and Section 174A (Non-appearance in response to a proclamation) IPC..The Court said that in view of the evidence adduced on record by prosecution including ocular evidence of hundred witnesses, documentary evidence and scientific evidence, there was "no manner of doubt" that the case against Ariz Khan was proved beyond any reasonable doubt..The Court said that it had been proved by the prosecution that on September 19, 2008, at about 11 AM at flat no. 108, L-18, Batla House, Jamia Nagar, New Delhi, Ariz along with his associates, including Shahzad who has already been convicted, in furtherance of their common intention, intentionally and knowingly committed murder by causing death of Inspector Mohan Chand Sharma by firearm, voluntarily obstructed the discharge of their public functions, assaulted and used criminal force, and caused grievous injury to other police officers. .As per the prosecution case, while conducting a raid in connection with a serial blasts cases, the team of police officials was trapped in the drawing-room of the said house and was forced to resort to fire in self-defence..During the shootout, Inspector Mohan Chand Sharma and other police personnel sustained bullet injuries. While one of the terrorists present in the drawing-room also sustained bullet injuries, two of them including Ariz managed to escape from the flat in question through the main door..After being declared a proclaimed offender in 2009, Ariz Khan was finally arrested in 2018..The defense claimed that the police version was a concocted story and that Khan was being falsely implicated in the case. .The whole case was aimed at covering up the accidental firing by police which caused injuries to its own officers, it was argued. .In view of the evidence on record, the Court, however, opined, "..all police officials who were part of raiding team and who deposed in the Court have fully and completely corroborated each other in material particulars and therefore, it is an open and shut case.".The Court rejected the contention that the police officers suffered bullet injuries in their own accident firing. ."When firing took place other members of raiding team were behind Inspector Mohan Chand Sharma. As per postmortem report, Inspector Mohan Chand Sharma received two injuries, one on the shoulder and another in abdomen. None of these injuries could have been caused by police officials who were behind Inspector Mohan Chand Sharma as these injuries were found on front portion of body of Inspector Mohan Chand Sharma and they were caused by militants occupying the flat," the Court noted. .With regard to identification of Khan, the Court noted that all the members of raiding party clearly identified him in the Court. .Khan's presence at the place of occurrence just before the shoot out had also been proved by voice examination report, the Court said. ."Presence of accused at the spot at the relevant time finds corroboration from telephonic conversation held by accused through mobile no.XXX4309 being used by Atif Ameen while staying together with accused at the flat in question," the judgment stated. .The arguments on sentencing would be heard on March 15. .[Read Judgement]
A Delhi Court recently convicted one Ariz Khan in the case concerning the 2008 Batla House Encounter in which a Police inspector was killed. .Sanjeev Yadav, Additional Sessions Judge, Saket convicted Khan for commissions of offences under Sections 186 (Obstructing public servant in discharge of public functions)/ 333 (Voluntarily causing grievous hurt to deter public servant from his duty)/ 353 (Assault or criminal force to deter public servant from discharge of his duty)/ 302 (Murder)/ 307 (attempt to murder)/34 (common intention) IPC and Sections 27 (Punishment for using arms, etc) of Arms Act and Section 174A (Non-appearance in response to a proclamation) IPC..The Court said that in view of the evidence adduced on record by prosecution including ocular evidence of hundred witnesses, documentary evidence and scientific evidence, there was "no manner of doubt" that the case against Ariz Khan was proved beyond any reasonable doubt..The Court said that it had been proved by the prosecution that on September 19, 2008, at about 11 AM at flat no. 108, L-18, Batla House, Jamia Nagar, New Delhi, Ariz along with his associates, including Shahzad who has already been convicted, in furtherance of their common intention, intentionally and knowingly committed murder by causing death of Inspector Mohan Chand Sharma by firearm, voluntarily obstructed the discharge of their public functions, assaulted and used criminal force, and caused grievous injury to other police officers. .As per the prosecution case, while conducting a raid in connection with a serial blasts cases, the team of police officials was trapped in the drawing-room of the said house and was forced to resort to fire in self-defence..During the shootout, Inspector Mohan Chand Sharma and other police personnel sustained bullet injuries. While one of the terrorists present in the drawing-room also sustained bullet injuries, two of them including Ariz managed to escape from the flat in question through the main door..After being declared a proclaimed offender in 2009, Ariz Khan was finally arrested in 2018..The defense claimed that the police version was a concocted story and that Khan was being falsely implicated in the case. .The whole case was aimed at covering up the accidental firing by police which caused injuries to its own officers, it was argued. .In view of the evidence on record, the Court, however, opined, "..all police officials who were part of raiding team and who deposed in the Court have fully and completely corroborated each other in material particulars and therefore, it is an open and shut case.".The Court rejected the contention that the police officers suffered bullet injuries in their own accident firing. ."When firing took place other members of raiding team were behind Inspector Mohan Chand Sharma. As per postmortem report, Inspector Mohan Chand Sharma received two injuries, one on the shoulder and another in abdomen. None of these injuries could have been caused by police officials who were behind Inspector Mohan Chand Sharma as these injuries were found on front portion of body of Inspector Mohan Chand Sharma and they were caused by militants occupying the flat," the Court noted. .With regard to identification of Khan, the Court noted that all the members of raiding party clearly identified him in the Court. .Khan's presence at the place of occurrence just before the shoot out had also been proved by voice examination report, the Court said. ."Presence of accused at the spot at the relevant time finds corroboration from telephonic conversation held by accused through mobile no.XXX4309 being used by Atif Ameen while staying together with accused at the flat in question," the judgment stated. .The arguments on sentencing would be heard on March 15. .[Read Judgement]
