New Delhi [India], October 1 (ANI): A Delhi Court on Saturday reserved its order on charge in junior wrestler Sagar Dhankar murder case after hearing the arguments of the prosecution and accused persons.
Additional Sessions Judge Shivaji Anand on Saturday reserved the order on charge after hearing the arguments of the counsels.
Olympian Sushil Kumar is one of the 17 accused in the case.
The Prosecution submitted that there is sufficient evidence to show the intention of the accused persons was to kill Sagar Dhankar.
On the other hand, it was submitted by the accused persons that it is not a case of murder but of culpable homicide not amounting to murder.
The counsels for the accused other than Sushil Kumar argued before the court saying that the case of murder is not made out against the accused persons.
Advocate R S Malik, the counsel for the accused Sushil Kumar submitted on Friday 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 was 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) had submitted, "The manner in which Sagar and three others were abducted and brought to Chhatrasal Stadium and thereafter beaten up mercilessly by the accused shows that they wanted to establish their supremacy."
Sagar and Sonu were allegedly beaten up in Chhatrasal stadium on the night of May 4, 2021. Sagar had succumbed to injuries during treatment in the hospital and Sonu Mahaal was grievously injured in the incident.
On the other hand, during the initial submissions, it was argued by the counsels for Sushil Kumar that it is not a case of Culpable homicide not amounting to murder under section 304 IPC, it is not a murder. As per the allegations, the accused had a gun, they may kill the victims on the spot itself.
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 in the stadium on the day of the incident.
APP had submitted that this act of 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 had 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 for 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.
This 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. The accused persons allegedly beat Sagar and his friend. Sagar later succumbed to the injuries. (ANI)