Subhash Chandra Agarwal, J. - (1.) THE Criminal Appeal Nos. 1419, 1430, 1518, 898 of 2004 arise out of the same judgment dated 22.1.2004, passed by Addl. Sessions Judge, Court No. 1 Kanpur Nagar in S.T. No. 164 of 2002 whereby the appellants Wasif Haider, Hazi Atiq, Mumtaj alias Maulana and Safat Rasool were convicted under Sections 302/149, 307/149 and 148, I.P.C. and under Section 7 of Criminal Law Amendment Act and each of the appellant was sentenced to undergo imprisonment for life, R.I. for five years, R.I. for one year and R.I. for three months respectively. THE sentences awarded to the appellants were ordered to run concurrently. THE appellants were however acquitted under Sections 395, 397, 436 and 153A, I.P.C.
(2.) THE Government Appeal No. 5270 of 2005 has been filed against a common judgment dated 3.8.2005, passed by the Addl. Sessions Judge, Court No. 7, Kanpur Nagar in S.T. Nos. 143 and 144 of 2002 whereby the respondent Wasif Haider was acquitted of the charge punishable under Section 25/27 of Arms Act and Section 4/15 of Explosive Substances Act pertaining to Crime Nos. 72 and 73 of 2001, P. S. Chamanganj, Kanpur Nagar. All the five appeals are being disposed of by a common judgment. The incident took place on 16.3.2001 at 6.30 p.m. at Nai Sarak in front of Noorani Mosque P. S. Moolganj, Kanpur Nagar. The F.I.R. Ext. Ka-1 was lodged by the complainant Sri Rajendra Dhar Dwivedi (P.W. 2), who was posted as S.O. P.S. Moolganj, Kanpur Nagar on the same day at 8.05 p.m. The prosecution story as unfolded in the F.I.R. is that on 16.3.2001 the complainant accompanied by other police personnel was busy in the law and order duty at parade crossing. He came to know that a crowd of 200-300 rioters were making mischief by fire and rioting at Chaubey Gola Temple. The complainant accompanied by police force and A.D.M. (Finance and Revenue) Sri Chandra Prakash Pathak, A.D.M. City Sri O. N. Singh (P.W. 14), S. P. (Rural) Sri S. B. Pathak, S.O. Babu Purwa Sri Rajesh Trivedi, S.O. Cantt. Sri Sukh Sagar Shukla (P.W. 3) alongwith one and a half Section P.A.C., proceeded towards Nai Sarak. When the A.D.M. (Finance and Revenue) reached in front of Sunehri Mosque on the Nai Sarak, rioters started firing on the police party from the upper portion of the mosque. Sri Chandra Prakash Pathak, A.D.M. (Finance and Revenue) and his orderly Ram Chandra were inured and fell down and were sent to the hospital for treatment. The police personnel also fired 2-2 rounds each in their defence and thereafter rioters stopped firing. When the police party reached the mosque, rioters had already fled away. Thereafter, police party reached Chaubey Gola Temple where rioters had looted some houses and had also committed arson. The police party also received information that A.D.M. (Finance and Revenue) Sri Pathak was dead. Thereafter the complainant lodged oral report at the police station Moolganj at 8.05 p.m., on the basis of which Case Crime No. 7/01 under Sections 302, 307, 395, 147, 149, 427, 436 and 153A I.P.C. and Section 7 of Criminal Law Amendment Act was registered against 200-300 unknown rioters. In the same night inquest proceedings on the dead body of Sri C. P. Pathak were conducted by Tehsildar Sadar Kanpur Sri Satish Chandra Shukla (P.W. 9) and the dead body was sent for post mortem examination through Constable 1473 Bhaiyalal (P.W. 8) and Head Constable Nazar Singh.
(3.) THE investigation of the case was handed over to Sri T. V. Singh, S.H.O. Police Station, Anwarganj (P.W. 11). THE Investigating Officer recorded statement of witnesses, inspected place of occurrence and prepared Site Plan Ext. Ka-6. A bullet was found from the ashes of deceased C. P. Pathak which was sent to Forensic Science Laboratory for examination. On 4.8.2001 the Investigating Officer came to know that accused Mumtaz alias Maulana was present at P. S. Cantt. and interrogated him. Thereafter he got information that accused Wasif was detained at police station Chamanganj. The Investigating Officer went to police station Chamanganj and recorded the statement of Wasif. Further investigation was conducted by Inspector Sri B. S. Tyagi (P.W. 15). On 17.9.2001 accused Hazi Atiq was arrested at about 8 p.m. and on 18.9.2001 accused Safat Rasool was arrested. Test identification parade was held on 27.9.2001 at District Jail, Kanpur. After completion of investigation, charge-sheet was submitted.;