27 Jul 2023

Kanjhawala Hit-And-Drag Case: Murder Charges To Be Framed Against 4 Accused

New Delhi: Delhi's Rohini Court on Thursday directed the framing of murder, conspiracy, destruction of evidence and other charges against four accused in the Kanjhawala hit-and-drag case. Three other accused in the case have been charged with destruction of evidence, harbouring of the accused, and other offences.

Additional Sessions Judge Neeraj Gaur directed to frame charges against Amit Khanna, Krishan, Manoj Mittal and Mithun under sections 302 (murder), 201 (destruction of evidence), 212 (harbouring accused persons), and 120B (criminal conspiracy) of the India Penal Code (IPC).

The Court also directed the framing of charges against Deepak Khanna, Ashutosh Bhardwaj and Ankush, under sections 201, 212, 182 (Giving false information to public servant) and 34 of IPC.

These three have been discharged from section 120B of IPC.
Additionally, Amit Khanna has been charged with the section of negligent driving.

The court will pronounce a formal order on charges on August 14. The court had reserved order on charge on July 17.

Delhi police had filed a charge sheet under sections of murder, etc. against seven accused persons on April 1.

What is the case?

In the case, a girl was allegedly hit by a car and dragged under it for 13 kilometres in Sultanpuri area on the intervening night of December 31, 2022 and January 1, 2023.

Four of the accused, identified as Amit Khanna, Krishan, Manoj and Mithun, are in judicial custody. While other accused, identified as Deepak Khanna, Ashutosh, and Ankush Khanna, are on court bail.

Additional public prosecutor Atul Srivastava had appeared for Delhi police and submitted that there is sufficient evidence including CCTV footage, statement of witness, mobile location of the accused to frame charges against them.


Motive not established: Defence

Advocate J P Singh had appeared on behalf of the accused, namely Amit Khanna, Krishan alias Kallu, Manoj Mittal, Deepak Khanna and Ankush Khanna.

He argued that that it is a case of discharge as the allegations levelled against the accused persons have not made out.

Advocate Singh argued that prosecution does not have evidence nor any witness to prove that there was any motive behind the act by the accused persons, as to why would the accused person would commit any kind of act towards the deceased victim.

“There is no evidence or witness which shows that there was any premeditation of mind or conspiracy of the accused persons with respect to the act," the counsel argued.

He also submitted that there is no evidence or witness which shows that there was any knowledge with the accused persons with regard to the fact that the deceased was under the driving vehicle except the disclosure statement of the accused persons. 


'No CCTV shows accused persons looked under vehicle'


Advocate Singh said there is no CCTV footage which shows that accused persons looked under the vehicle, the screenshot which the prosecution have placed on record does not have the details of the driving vehicle neither there is anything which clearly shows the identity of the vehicle, identity of the accused persons and neither anything is clearly visible in the screenshot.

Advocate Shilpesh Chaudhary and Himanshu Yadav appeared for accused Ashutosh Bhardwaj. He was the first accused who was granted bail.

On April 13, the Magistrate court took cognizance of the charge sheet of Delhi police.

Delhi police had filed an 800-page charge sheet on April 1. Police invoked murder section against four accused. There total seven accused in this case. Three accused are on bail in the matter.

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