Delhi HC To Deliver Judgment On Death Penalty Confirmation To Ariz Khan Tomorrow
The Delhi High Court is scheduled to pass judgment on Thursday on confirmation of the death penalty awarded to Ariz Khan. Ariz Khan was convicted by the Saket District Court for the murder of Delhi Police Inspector Mohan Chand Sharma.
The Court also scheduled to pass an order on the appeal moved by Khan challenging his conviction and sentence by the trial Court.
The Division bench of Justice Siddharth Mridul and Justice Amit Sharma is to pass its verdict tomorrow on the matters.
On August 18, 2023, the bench kept the order reserved after hearing all sides.
In March 2021, the trial court awarded Ariz Khan a death sentence in the matter. Another convict Shahzad was awarded a life sentence. Later both convicted had challenged their conviction and sentence. Shahzad, however, died in jail during the pendency of the appeals and the proceedings against him were abated.
While arguing for the state the additional public prosecutor (APP) Rajesh Mahajan submitted that the convicts were present in the flat at the time of Batla house encounter. He also submitted that it is a case of murder of a police officer while discharging his lawful duty and this crime shook the conscience of the society.
It is the rarest of rare cases. Both Shahzad Ahmed and Ariz Khan deserved the death sentence. There is sufficient evidence and statement of witness to this effect.
He also argued that there was no chance of reform of Ariz Khan.
On the other hand, advocate MS Khan, counsel for Ariz Khan, argued that the conviction in this case was bad in law as the trial court did not appreciate the material facts of the case.
He also argued that neither the appellant was present at the flat and neither had absconded from the spot.
The counsel for the appellant Ariz Khan also disputed the recovery of documents related to him. He said that if these documents were recovered from the flat, why did not this fact come to the knowledge of the Investigation Officer till 2014?
Advocate Khan also referred to the report of the inspection of the site by 11 forensic experts which stated that there were no bullet marks on the side of police personnel standing in the flat. But there were bullet marks on the side of the accused standing. It shows that there was one-sided firing from the end of the police.
He also argued that as per prosecution Ariz had escaped to Nepal. He got married there and was teaching in a school there. It shows that he has already been reformed. In these circumstances, his appeal should be allowed.
A trial court had convicted and sentenced him to life imprisonment for the murder of Inspector Mohan Chand Sharma, who was leading the police team during the Batla House encounter. It was alleged that the terrorists opened fire at Delhi Police personnel.
The counsel for the convict also produced some photographs depicting the adjacent buildings to L18. The counsel for the convict also argued that the other buildings were high under iron grills and there was no route to escape.
According to Delhi police Shahzad and Ariz had escaped from the spot and were arrested later. Later, convict Ariz Khan was arrested and a supplementary charge sheet was filed against him. After the trial, the court held him guilty and awarded death sentence.
The team of special cell of Delhi Police had reached in the Batla House area on inputs to nab the Indian Mujahideen operatives who were involved in the serial blast of September 13, 2008 in Delhi. (ANI)
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