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IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, Rajendra Kumar, JJ.
State Of U.P. - Appellant
Vs.
Gayur And Others - Respondent
Government Appeal No. 6077 of 2007
Decided On : 05-08-2019
Appeal - Criminal Law - Arms Act, 1959, Explosive Substances Act, 1908, Passport Act, 1967, Indian Penal Code - Section 27 Arms Act, 1959, Section 3 Explosive Substances Act, 1908, Section 3 Passport Act, 1967, Sections 121, 121-A, 122, 123 IPC
Fact of the Case:
The case involved the appeal by the State of Uttar Pradesh against the acquittal of accused-respondents under various sections of the Arms Act, Explosive Substances Act, Passport Act, and Indian Penal Code. The case originated from a written report lodged at a police station, leading to the arrest of several accused persons and the recovery of arms and ammunition.
Finding of the Court:
The Court found that the accused-respondents were acquitted of various charges under the Arms Act, Explosive Substances Act, and Passport Act due to lack of necessary sanctions from the Central Government as required by the respective acts. The acquittal of accused-respondents under Sections 121, 121-A, 122, 123 IPC was also upheld due to the absence of prior sanction under Section 196 Cr.P.C.
Issues: The issues included the lack of necessary sanctions from the Central Government for the charges under the Arms Act, Explosive Substances Act, and Passport Act, and the absence of prior sanction under Section 196 Cr.P.C. for the charges under Sections 121, 121-A, 122, 123 IPC.
Ratio Decidendi: The Court's decision was influenced by the absence of required sanctions and prior sanction under Section 196 Cr.P.C., leading to the acquittal of the accused-respondents under the relevant sections of the acts.
Final Decision: The appeal was dismissed as the Court found no reason to interfere with the judgment, upholding the acquittal of accused-respondents due to the lack of necessary sanctions and prior sanction under Section 196 Cr.P.C.
JUDGMENT :
Sudhir Agarwal, J.
This Government Appeal under Section 378 Cr.P.C. has been filed by State of Uttar Pradesh against the judgment and order dated 18.05.2017 passed by Sri C.K. Kulshreshtha, Additional District and Sessions Judge, Court No.7, Muzaffar Nagar is Session Trial Nos.820 of 2000, 821 of 2000 and 819 of 2000, insofar as it relates to the acquittal of accused-respondents (1) Gayur, (2) Mustkeem, (3) Sardar Ali, (4) Mohd. Waris @ Raja and (5) Ashfaq @ Nanhe.
2. Accused-Respondent 5 Ashfaq @ Nanhe has been acquitted of the offence under Section 27 Arms Act, 1959.
3. By the impugned judgment and order, accused-respondents 4 and 5 Mohd. Waris @ Raja and Ashfaq @ Nanhey have been acquitted of the charges under Section 3 of Explosive Substances Act, 1908 in Sessions Trial No.821 of 2000 and under Section 3 of Passport Act, 1967. Accused-respondents (1) Gayur, (2) Mustkeem and (3) Sardar Ali have been acquitted of charges under Sections 121, 121-A, 122 and 123 IPC.
4. By the impugned judgment and order, accused-respondents 4 and 5 Mohd. Waris @ Raja and Ashfaq @ Nanhey have been convicted under Sections 121, 121-A, 122 and 123 IPC and each of them has been sentenced under Section 121 IPC to undergo life imprisonment along-with fine of Rs.1,00,000/- each. In the event of default in payment of fine they have to undergo further imprisonment of one year. Both respondents have further been sentenced to ten years imprisonment and a fine of Rs.10,000/- each under Section 121-A IPC. In default of payment of fine they have to suffer ten months additional imprisonment. They have been further sentenced to ten years imprisonment and fine of Rs.10,000/- under Section 122 IPC. In the event of default of payment of fine they shall undergo ten months additional imprisonment. They have been sentenced to seven years imprisonment under Section 123 IPC along-with fine of Rs.7,000/- each, and in default of payment of fine, provision for seven months additional imprisonment was made. Further under Section 13 and 14 of Foreigners Act, 1946, both respondents have been sentenced to three years imprisonment and a fine of Rs.3,000/- each, and in case of default in payment of fine they have to undergo further three months additional imprisonment.
5. Accused-Respondent 4 Ashfaq @ Nanhey has been convicted and sentenced under Section 25, Arms Act, 1959 to undergo two years imprisonment along-with fine of Rs.2,000/-. In case of default in payment of fine he has to undergo two months additional imprisonment.
6. All the sentences of accused respondents have been ordered to run concurrently.
7. For the sake of convenience, and ready reference, conviction and sentences awarded to respective accused-respondents as well as acquittal under different sections may be shown in the form of chart as under:-
| S.No. | Appeal | Name of Accused-Respondents | Sessions Trial Nos. | Tried U/S | Acquittal/Sentenced Imposed |
| 1 | Government Appeal No. 6077 | Gayur | 820/2000 | 121,121-A,122 & 123 IPC | Acquitted |
| 2 | Mustaqeem | 820/2000 | 121,121-A,122 & 123 IPC | Acquitted | |
| 3 | Sardar Ali | 820/2000 | 121,121-A,122 & 123 IPC | Acquitted | |
| 4 | Mohd. Waris @ Raja | 820/2000 | 3 Passport Act | Acquitted | |
| 121,121-A,122 & 123 IPC | Convicted and Sentenced | ||||
| 821/2000 | 3 Explosive Act | Acquitted | |||
| 5 | Ashfaq @ Nanhey | 819/2000 | 27 Arms Act | Acquitted
| |
| 25 Arms Act | Convicted and Sentenced | ||||
| 820/2000 | 121,121-A,122 & 123 IPC | Convicted and Sentenced |
8. The factual matrix of the case emanating from First Information Report (hereinafter referred to as "FIR") and evidence available on record is as under :-
9. On 31.03.2000 at about 02:30 PM, a written report Ex.Ka-1 was lodged at Police Station Kandhla, District Muzaffa
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