4 Kanjhawala hit-and-drag case accused charged with murder

The Delhi Police has slapped murder charges against four of the accused in the Kanjhawala accident in which a woman was killed after being dragged by a car, officials said on Tuesday.

Six of the seven accused in the case were initially charged under section 304 (Culpable homicide not amounting to murder), they said.

Police said Amit Khanna (25), Krishan (27), Mithun (26), and Manoj Mittal, who were inside the car at the time of incident have been slapped with murder charge.

Earlier, the police had said murder charges were slapped against six of the seven accused.

"We have added murder charges against four accused who were present inside the car at the time of the incident," said Deputy Commissioner of Police (Outer) Harendra K Singh.

A murder charge may attract death penalty or imprisonment for life and fine.

"In the Sultanpuri incident, after collection of physical, oral, forensic and other scientific evidence, the police has added section 302 IPC in place of section 304 IPC.

"Further investigation in the case is in progress," Sagar Preet Hooda, Special Commissioner of Police (Law and order) said.

The move comes a day after the Delhi Police told a sessions court that it will invoke section 302 of the Indian Penal Code in the case.

In a statement, Deputy Commissioner of Police (Outer) Harendra K Singh said the police has moved the Motor Accident Claim Tribunal (MACT) for early grant of compensation to victim's family.

After examination of facts and circumstances, a case under sections 279 (Rash driving or riding on a public way) and 304A (Causing death by negligence) of the Indian Penal Code was registered, he said.

During further investigation, section 304 (Punishment for culpable homicide not amounting to murder), 120B (criminal conspiracy) and 34 (common intention) were also added in the case on the same day on which the incident was reported, he said.

"The purpose of inducting section 304A IPC was to also ensure maximum benefit to the victim's family from the MACT since she was the only bread earner for the family.

"First Accident Report (FAR) was sent to the MACT. Accident Claim Form No.54 has also been filled up. Delhi Police has been filling the compensation claim in the MACT, with best effort in order to get maximum amount as compensation for the deceased's family members so that the survivors are taken care of," the DCP said.

On Friday, police suspended 11 of its personnel who were on PCR and picket duty on the route at which the 20-year-old woman was killed after being dragged under a car from Sultanpuri to Kanjhawala.

The move was initiated a day after the Ministry of Home Affairs (MHA) directed Delhi Police to suspend all its personnel deployed on the route following a report into the accident submitted by an inquiry committee headed by Special Commissioner Shalini Singh.

Anjali Singh was killed in the early hours of the new year day after her scooter was hit by a car, which dragged her for more than 12 kilometres.

The police had arrested Deepak Khanna (26), Amit Khanna (25), Krishan (27), Mithun (26), and Manoj Mittal in the case on January 2.

Later, they zeroed in on Ashutosh Bhardwaj, who was arrested four days later.

Another accused Ankush had surrendered on Friday and was released on bail the next day.

Anjali's parents and relatives had also staged a protest outside the Sultanpuri police station demanding justice for their daughter.

They had demanded that Section 302 should be added to the FIR, alleging that the accused continued driving the car despite knowing that the woman was beneath their car.

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'Wasn't present in the car': Sixth accused gets bail

Meanwhile, a local court in New Delhi on Tuesday granted bail to Bhardwaj.

"The applicant or accused Ashutosh is granted bail on executing a personal bond of Rs 50,000 with one surety in the like amount...," Additional Sessions Judge Susheel Bala Dagar said.

Noting that Bhardwaj was not present in the car and his role emerged only after the incident, the court said there was no evidence to show any 'prior meeting of minds' with the other co-accused to commit the act.

Bhardwaj's counsel filed a bail plea in the Sessions Court after a Metropolitan Magistrate dismissed his application last week.

"At this stage, there seems to be no document in the form of call detail record or CCTV footage etc produced by the investigating agency to show any prior meeting of minds of the accused or applicant Ashutosh (Bhardwaj) with the other co-accused persons to commit the act before he received the alleged call from co-accused Ankush at 4.56 am (on January 1)," the judge said.

The accused has been in judicial custody since January 5 and is no more required for custodial interrogation, he added.

The judge, however, clarified that he was not expressing an opinion on the merits of the case.

The court noted that Bhardwaj had provided the car to accused Amit Khanna, who did not have a valid driver's licence and, according to the call detail records collected by the investigating officer, a call was made by co-accused Ankush to Bhardwaj around 4.56 am on the date of the incident.

"Perusal of the record further shows that the role alleged by the investigating agency to the accused seems to have come forth only after the act and he is not alleged to be present in the vehicle at the time of the act and there seems to have been no meeting of minds with any of the other co-accused with the accused Ashutosh (Bhardwaj) prior to the call he allegedly received from co-accused Ankush," the court said.

The court noted that according to the police, Bhardwaj was the custodial owner of the car and he did not reveal all the facts to the investigating agency and instead allegedly misled the investigators that co-accused Deepak was driving.

"His role is alleged to be regarding helping in the disappearance of the evidence of offence and of helping in harbouring or protecting the accused persons with the intention of screening the accused persons. All these above allegations seem to have come forth only after the act allegedly done by the co-accused persons," the court said.

While granting relief to Bhardwaj, the court said the other conditions of bail included the accused not making any inducement, threat or promise to any person acquainted with the facts of the case, not tampering with the evidence, not leaving the country, cooperating with the police and continuously keeping active his mobile phone location.

Earlier during the proceedings, Additional Public Prosecutor Atul Srivastava said Bhardwaj was in conspiracy with the other co-accused and the investigation was still in the initial stages.

Bhardwaj's advocate Shilpesh Chaudhary said the accused came to know about the incident as disclosed by the co-accused when they reached his house and that the alleged offence was bailable in nature.