We were in Metro when Tomar attacked: accused

Two accused – Kailash Joshi and Amit Joshi – in the case of death of constable Subash Tomar, told a court on Wednesday that they were in a Metro when Tomar was allegedly attacked by protesters.

Taking note of their submission, the court has asked the Delhi Metro Rail Corporation and Delhi Police to reply by Thursday. The two accused have also urged from the the court to preserve the CCTV footage of 23 December, the day the unfortunate incident took place at India Gate, of Rithala and Rajiv Chowk Metro stations.

Joshis are among eight accused in the case of the death of the constable, who was rushed to Ram Manohar Lohia hospital, where he took his last breath. Tomar was at duty at India Gate, where protests were going on against the gangrape of a parmedical student in a moving bus. After Tomar’s death, the accused have been booked under Section 302 (murder) of the Indian Penal Code (IPC).

Besides the two brothers, six others – Nafees, Shankar Bisht, Nand Kumar, Shantanu Kumar, Abhishek and Chaman Kumar – have also been charged with taking part in protests, which later turned violent and in which the constable got injured. All the accused were granted bail on 24 December.

Metropolitan Magistrate Navita Kumari sought replies of the DMRC and Delhi police on the pleas of Joshis that CCTV footages of Rithala and Rajiv Chowk Metro stations of 23 December be preserved. ‘Issue notice to the SHO and the DMRC for 27 December,’ the court said. ‘I have a request. Two of the accused were travelling in the Metro when the incident (protest) happened. Its footage has to be preserved as it is an important evidence,’ the counsel for Joshis told the court.

Police had claimed that hooligans had taken over the peaceful protest and violence erupted at India Gate, in which 78 policemen and 65 protesters were injured.

Various PCR vans and DTC buses were also damaged by the violent protesters. Tomar was posted at Karawal Nagar police station and was called to help police in maintaining law and order at India Gate on Sunday. As per the FIR, the accused indulged in violent protests in which over 20 buses and other government vehicles were damaged by the agitators.

It said constable Tomar was badly injured in the protest. The police also alleged in its FIR that 10 rounds of bullet were found missing from a sub-inspector’s official pistol, while some agitators had also snatched two boxes of the teargas shells from police officials, who were preventing them from causing damage at the India Gate.
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