M.M.PUNCHHI, K.JAYACHANDRA REDDY
Shamshul Kanwar – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT
K. Jayachandra Reddy, J. - A rioting of grave nature took place in Village Sakhni within the limits of Police Station Jahangirabad in District Bulandshahr at about 3.30 P.M. on 1.2.1989 in the course of which 11 people died and some others were injured including a police constable who was on bandobust duty. In respect of this occurrence 21 accused were tried for offences punishable under Sections 148,302/149,307/149 and 332/149 I.P.C. and Section 25 of the Arms Act. The trial court acquitted A-9 Asgar, A-19 Munna Baboo, A-20 Jarrar and A-21 Israr and convicted the remaining accused. Out of them six were sentenced to death and the rest to imprisonment for life and also for shorter terms of imprisonment for the other offences. The convicted accused preferred appeals to the High Court and the trial Judge also made a reference for confirmation of death sentence. The State also filed two appeals one being against the acquittal of the four accused and, the other appeal was for enhancement of sentence of imprisonment of life of the 11 accused to death. The High Court acquitted A-3 Vilayat Hussain and A-18 Ali and confirmed the, death sentence of A-1 Shamshul Kanwar but reduced t
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