 "Batla House encounter: No death penalty for main accused Ariz Khan")
The Delhi High Court has commuted Indian Mujahideen terrorist Ariz Khan’s death sentence, that he was awarded following his conviction in the 2008 Batla House encounter case.
The death penalty has been commuted to life in prison.
Fifteen years after gunshots rang in L-18 flat of Delhi’s Batla House, leaving two terrorists and one police inspector, Mohan Chand Sharma, dead, the Delhi High Court on Thursday pronounced its order on the reference for confirmation of death penalty to Indian Mujahideen terrorist Ariz Khan.
Khan was arrested by the Delhi Police’s Special Cell in 2018, almost a decade after being on the run following the said encounter.
A bench headed by Justice Siddharth Mridul and Amit Sharma also pronounced orders on the appeal filed by Khan challenging his conviction and death sentence in the case related to Sharma’s killing.
In May 2021, Delhi’s Saket Court had convicted Khan for Sharma’s murder during the encounter between police and the said terrorists at South East Delhi’s Batla House.
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Additional Sessions Judge Sandeep Yadav had held Khan guilty under sections 186, 333, 353, 302, 397 of the Indian Penal Code (IPC) and section 27 of Arms Act.
While pronouncing the order, the court had said, “Proved on record Khan, with associates, voluntarily causing grievous hurt to one SI. Also proved on record, Khan with associates, intentionally and knowingly caused murder of Sharma by firearm.”
"With the evidence adduced on record ocular, documentary and scientific, the prosecution has proved beyond reasonable doubt that Khan along with accomplices obstructed Sharma in discharge of public function and in furtherance of common intention, used criminal force to decease Sharma," the court said.
The court had also observed that it is proved that Khan, with his associates, voluntarily caused grievous hurt to one SI.