A Delhi Court has framed charges under sections of murder, attempt to murder, rioting, unlawful assembly and other sections against Olympian Sushil Kumar and 17 other accused in junior wrestler Sagar Dhankar murder case. The court has also framed charges against two absconded accused persons.
Additional Sessions Judge Shivaji Anand of Rohini Court directed to frame charges against the accused persons under sections 302, 307, 323, 109, 148, 149 read with 120B.
The court directed to produce all the accused persons physically on October 15, 2022, for admission or denial of charges by the accused persons. The court has divided the whole incident into parts and directed to frame charges accordingly.
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What is the case?
The case is related to the alleged murder of junior national champion wrestler Sagar Dhankar in the Chhatrasal Stadium in May 2021 over a property dispute. Sagar and his friend were allegedly beaten by the accused persons. Sagar later succumbed to the injuries.
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The charges are framed against accused persons under section causing hurt and robbery in relation to the incidents that happened in Chhatrasal stadium. Second, in relation to the incidents of Shalimar Bagh, the charges have to be framed under sections of kidnapping, causing grievous hurt, criminal conspiracy including rioting and unlawful assembly against 10 accused excluding Sushil Kumar.
Third, the court has also directed to frame charges in relation to the incident that happened at Model Town under sections of criminal conspiracy, rioting and Unlawful assembly against 15 accused persons excluding Sushil Kumar.
On October 3, 2022, the court reserved the order on framing of charges in junior wrestler Sagar Dhankar`s murder case after hearing the arguments of the Prosecution and accused persons. In this case, Olympian Sushil Kumar is one of the accused. Other 17 people are also accused in the matter.
The prosecution had submitted that there is sufficient evidence to show the intention of the accused persons to kill Sagar Dhankar.On the other hand, it had been submitted by the accused persons that it is not a case of murder but of culpable homicide not amounting to murder.
The counsels for accused persons argued before the court saying that the case of murder is not made out against the accused persons. Advocate R S Malik counsel for the accused Sushil Kumar had submitted that this is not a case of section 302 (murder) but of 304 (culpable homicide not amounting to murder) IPC. As per the post-mortem report of the deceased, the injuries inflicted were not sufficient to cause that, advocate Malik argued.
On the other hand, it had been submitted by the Delhi police that there is sufficient evidence to frame charges of murder and abduction against wrestler Sushil Kumar and other accused Persons.
Additional public prosecutor (APP) Atul Shrivastav had submitted, "the manner in which Sagar and three others were abducted and brought to Chhatrasal Stadium. Thereafter they were beaten up mercilessly by the accused, showing that they wanted to establish their supremacy."
Sagar and Sonu were allegedly beaten up in Chhatrasal stadium on the night of 4 May 2021. Sagar had succumbed to injuries during treatment in the hospital and Sonu Mahaal was grievously injured in the incident.
APP Atul Shrivastav had shown the video related to the incident. In order to show the intention of the accused persons. He had also argued that the accused person wanted to establish their supremacy, therefore, they beat up Sagar and others after entering the stadium on the day of the incident.
The APP had submitted that this act of the accused attracts section 459 (while committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person) of IPC which has a punishment of life imprisonment. The investigation officer on Friday informed the court that the FSL report has been received and sanction for Prosecution under Arms Act has been obtained.
The Court recently allowed an application for an early hearing in the matter noting that the Forensic Science Laboratory (FSL) report has been awaited since the last one year. This case is pending at the stage of argument on charge since October 2021 as the FSL report is awaited. The sanction under Arms Act has also not been filed.
