The Delhi High Court has dismissed appeals filed by five men convicted in connection with the death of a 22-year-old man during the February 2020 communal riots in north-east Delhi, affirming their seven-year prison sentences and holding that the evidence established their active participation in the armed mob responsible for the assault.
Justice Madhu Jain, in a judgement delivered on October 27, upheld the conviction of Aman Kashyap, Devinder Kumar, Pradeep Rai, Ashish and Arun Kumar for culpable homicide not amounting to murder and rioting while armed with deadly weapons.
The court found that the accused were not merely present at the scene but had actively encouraged members of the mob to attack the victim, Mohsin, who subsequently died from his injuries.
Failure to Identify Individual Assailant Not Grounds for Acquittal
A central issue raised in the appeals was the prosecution’s inability to establish which member of the mob had caused the fatal head injury.
Rejecting this argument, the High Court held that the absence of such identification did not entitle the convicted men to acquittal when the evidence demonstrated their involvement in the unlawful assembly and its violent activities.
The court relied particularly on the testimony of PW-10, a beat constable who identified all five appellants as being among those leading the armed mob and encouraging the assault.
According to the evidence considered by the court, Mohsin was chased, surrounded and attacked even after collapsing near police barricades.
The High Court concluded that the conduct of the appellants, the weapons carried by members of the crowd and the continued violence against the victim established that the assembly shared an unlawful common object of attacking him and causing bodily injuries.
Court Rejects Challenge to Prosecution Evidence
The appellants had questioned the reliability of the prosecution’s case, arguing that independent witnesses had not supported its allegations. They maintained that their guilt had not been proved beyond reasonable doubt.
However, the High Court found sufficient evidence connecting them to the assault and declined to interfere with the trial court’s findings.
The court considered the eyewitness account significant in establishing that the appellants occupied leading positions in the violent crowd and encouraged others to attack Mohsin.
Background of the Case
The incident occurred on February 25, 2020, during communal violence in the Chand Bagh area of north-east Delhi.
According to the prosecution case accepted by the trial court, an armed mob assaulted Mohsin near Peer Baba Mazar. The 22-year-old later succumbed to his injuries.
On November 20, 2024, the trial court convicted the five men under Sections 304 Part I (culpable homicide not amounting to murder) and 148 (rioting while armed with a deadly weapon) of the Indian Penal Code.
The trial court had concluded that prosecution witness testimonies established the participation of all five accused in the mob that attacked Mohsin.
On January 13, 2025, it sentenced them to seven years of rigorous imprisonment and imposed a fine of ₹30,000.
By dismissing their appeals, the Delhi High Court has maintained both the convictions and the sentences imposed by the trial court.
