A Delhi court Monday awarded the death penalty to Ariz Khan for the murder of Delhi Police Inspector Mohan Chand Sharma in connection with the controversial 2008 Batla House encounter case, saying the offence fell under the “rarest of the rare category” warranting the maximum sentence.
Additional Sessions Judge Sandeep Yadav said Khan be hanged by the neck till death and imposed a fine of Rs 11 lakhs on Khan of which the judge ordered Rs. 10 lakhs to be given to the family of Inspector Sharma.
Advocate MS Khan representing Ariz Khan advocated for a lesser sentence on grounds of parity and age. However, prosecution lawyer Advocate AT Ansari stressed the death penalty and argued that it was not just any killing but a murder of a law enforcement officer.
Based on the evidence and witnesses produced by the prosecution, the court observed there was ‘no manner of doubt’ that the case against Ariz Khan is proved beyond any reasonable doubt.’
“It has been proved on record that on 19.09.2008 at about 11 AM at flat no. 108, L-18, Batla House, Jamia Nagar, New Delhi, accused Ariz Khan along with is associates Md. Atif Ameen and Md. Sajid (both died in the shootout with members of the raiding team) and Md. Shahzad (already subjected to trial and convicted) in furtherance of their common intention of all of them voluntarily obstructed deceased Inspector Mohan Chand Sharma and his team in the discharge of their public functions”, a part of the 103 long page judgment of the Court reads.
Ariz Khan was convicted by the Court under various sections of Indian Penal Code including 186 (Obstructing public servant in discharge of public functions)/ 333 (Voluntarily causing grievous hurt to deter public servant from his duty)/ 353 (Assault or criminal force to deter public servant from his duty), 307 (murder attempt), 34(common intent), section 27 (Punishment for using arms) od arms act and section 174A (non-appearance in response to a proclamation).
On September 19, 2008, a firing took place between Delhi Police and alleged terrorists hiding in the Okhla area of Delhi, resulting in the death of a police officer and injuries to two others. Khan is also alleged to have masterminded serial bomb blasts that rocked Delhi, Rajasthan, Gujarat, and Uttar Pradesh in 2008.
After the encounter Khan was declared as a proclaimed preparatory of the crime as he managed to escape from the encounter site. He was later arrested by the Delhi police in 2018 from Uttrakhand’s Banbasa bordering Nepal, where he was allegedly living as a Nepali after acquiring Nepali Citizenship under an assumed name.
The case finally concluded with the Court declaring Ariz Khan guilty of the offence and sentenced him to the death penalty.
