New Delhi [India], July 27 : The prosecution on Monday sought capital punishment for Tahir Hussain and four others, convicted in the IB officer Ankit Sharma's murder case. It said that the crime was abhorrent and is among the rarest of the rare cases.
Additional Sessions Judge (ASJ) Praveen Singh reserved the order on sentence till July 31 after hearing submissions of Special Public Prosecutor (SPP) for Delhi Police as also the counsel for accused persons.
The court had convicted former AAP councillor Tahir Hussain and four others on July 13 in the Ankit Sharma murder case.
Special Public Prosecutor (SPP) Madhukar Pandey sought capital punishment and contended that the convicts had behaved "savagely" and deserved a death sentence.
It was submitted that it was "a cold-blooded murder", "was deliberate" and a heavy cutting weapon, akin to that used by 'butcher' was employed in committing the crime.
The SPP also said that the killing should not be seen in isolation, adding that in the north-east Delhi riots, 53 people were killed.
The conduct of the rioters, including convicts, demands that they be given a death sentence, the Special Public Prosecutor, said.
Citing 51 injuries on the body of the deceased, it was submitted that a heavy cutting weapon was used. It is also submitted that the convicts were not provoked by the deceased.
"They committed the offence without caring for the punishment. They deserve a death sentence," SPP said.
He also said that law laid down by the Supreme Court squarely applied to this case.
Advocate Rajiv Mohan, counsel for Tahir, while praying for leniency in sentence, said that the death sentence cannot be given in every murder case. The aggravating and mitigating factors should be assessed.
It was submitted that six of the 11 accused have been acquitted by the court. Tahir Hussain has been convicted for the substantive offence of Section 188, and he has vicarious liability for other offences and common intention. He is convicted for common intention, the counsel said.
It was further submitted by the defence counsel that there was a huge crowd at Chand Bagh Pulia. The counsel said that Tahir Hussain has been convicted for vicarious liability for unlawful assembly. The prosecution was not able to prove any aspect of conspiracy during the trial, the counsel added.
"In this case, police cited conspiracy and, in another case, police have alleged larger conspiracy, adding that the accused person charged for actually inflicting injuries has been acquitted," Rajiv Mohan argued.
The counsel for Tahir Hussain also said that the role attributed to the accused is a guiding factor to give a sentence. The counsel said that police was present there and was not able to stop the rioting.
There was no preparation, no conspiracy; the deceased was taken by the crowd, and brutality was done. This case is not at par with the cases which provided death sentence, the counsel said.
It was also submitted that the conduct of Tahir Hussain remains satisfactory during the custody. It should be considered while giving the sentence.
The counsel said that no particular role has been attributed to Tahir Hussain. Therefore, this case doesn't fall under the category of rarest of rare cases.
Advocate Tara Narula also argued for Tahir Hussain and submitted that he has three children, his wife is a homemaker, and his father is aged.
It was also submitted that he was an MCD councillor at the time of the incident. Some portion of property is sealed. His family is residing in the back portion. His family does not have any other source of income except rent of Rs 83,000.
Abdul Gaffar Khan appeared for convicts Kasim and Nazim and submitted that there was a situation of rioting and both communities were involved. Ankit Sharma was with two to three people on the day of the incident and was having a stick in his hand; there was provocation.
However, the court rejected the contention.
Advocate Salim Khan along with Shavana appeared for Anas and Javed. It was submitted that they are sole bread earners of their families.
In rebuttal, SPP Madhukar Pandey said that the person seeking mercy should show mercy. No one has a license to kill someone.
It was submitted that Ankit Sharma was dragged after tying clothes around his neck, and he was thrown in a drain from a building.
The conduct of these convicts during the commission shows that they had turned into beasts, the SPP said.
The SPP also submitted that being an MCD councillor, a public servant, it was the duty of Tahir Hussain to save Ankit Sharma.
While pleading mercy, they (convicts) are telling half-truths, the SPP said.