The absence of prior sanction under Section 196 Cr.P.C. for prosecuting offences under Sections 121, 121-A, 122, and 123 IPC was a serious flaw and illegality that vitiated the entire proceedings related to these offences.

JUDGMENT :

Sudhir Agarwal, J.

1. Both the aforesaid appeals arise out of common judgment and order dated 18.05.2017 passed by Sri C.K. Kulshrestha, Additional District and Sessions Judge, Court No.7, Muzaffar Nagar in Sessions Trial No. 820 of 2000, under Sections 121, 121-A, 122, 123 IPC, under Section 13 and 14 of Foreigners Act, 1946, under Section 3 of Passport Act, 1967 and under Sections 25/27 Arms Act, 1959. Jail Appeal No.8326 of 2007 has been filed by Mohd. Waris @ Raja under Section 383 Cr.P.C. through Jailor, Central Prison, Bareilly against his conviction and sentence whereas Criminal Appeal No. 3779 of 2007 has been preferred by accused-appellant Ashfaq @ Nanhey under Section 374(2) Cr.P.C. against his conviction and sentence.

2. By the impugned judgment and order, both accused-appellants 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 appellants 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 appellants 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.

3. Accused-appellant Mohd. Waris @ Raja has been acquitted of the charge under Section 3 of Passport Act, 1967 and under Section 3 of Explosive Substances Act, 1908. Accused-appellant Ashfaq @ Nanhey has been acquitted of the charge under Section 27, Arms Act, 1959.

4. Accused-appellant 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.

5. Other co-accused, namely, Gayur, Mustaqeem and Sardar Ali have been acquitted of the charges under Sections 121, 121-A, 122 and 123 IPC.

6. All the sentences of accused appellants have been ordered to run concurrently.

7. For the sake of convenience and ready reference, conviction and sentences awarded to respective accused-appellants as well as acquittal under different sections may be shown in the form of a chart as under:-

S.No. Jail Appeal / Criminal Appeal Name of Accused Appellants Sessions Trial Nos. Tried U/S Sentence imposed / Acquittal

1. Jail Appeal No.8326 of 2007 Mohd. Waris @ Raja 820/2000 121 IPC Life Imprisonment + Fine of Rs.1,00,000/-

121-A IPC Ten years imprisonment + Fine of Rs.10,000/-

122 IPC Ten years imprisonment + Fine of Rs.10,000/-

123 IPC Seven years imprisonment + Fine of Rs.7,000/-

13/14 Foreigners Act Three years imprisonment + Fine of Rs.3,000/-

3 Passport Act Acquitted

821/2000 3 of Explosive Substances Act Acquitted

2. Criminal Appeal No.3779 of 2007 Ashfaq @ Nanhey 820/2000 121 IPC Life Imprisonment + Fine of Rs.1,00,000/-

121-A IPC Ten years imprisonment + Fine of Rs.10,000/-

122 IPC Ten years imprisonment + Fine of Rs.10,000/-

123 IPC Seven years imprisonment + Fine of Rs.7,000/-

13/14 Foreigners Act Three years imprisonment + Fine of Rs.3,000/-

819/2000 25 Arms Act Two years imprisonment + Fine of Rs.2,000/-

27 Arms Act Acquitted

By the impugned judgment, other co-