JUDGMENT :

Ramesh Sinha, J.

(A) INTRODUCTION

(1) Appellants, Haji Mohboob Ahmad and Syed Akhlaq Ahmad, claiming themselves to be victim, have filed the instant criminal appeal under Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’), challenging the judgment and order dated 30.09.2020 passed by the Special Judge (Ayodhya Matter), Lucknow in Sessions Trial No. 344 of 1994 : State Vs. Pawan Kumar Pandey and others arising out of Case Crime No. 197 of 1992 and Sessions Trial No. 423 of 2017 : State Vs. Lal Krishna Advani and others, (R.C. 8 (s)/92-S.I.U-V/S.I.C.-II, R.C. No. 1 (S)/93-S.I.C.-IV and R.C. No.2 (S)/93 along with 48 (S)/93, under Sections 147, 149, 120-B, 114 read with Section 153A, 153B, 505, 295, 295A, 395, 332/338, 201 and 505 (1) (b) of the Indian Penal Code (in short, ‘IPC’), whereby accused persons were acquitted.

(B) FACTUAL MATRIX

(2) On 6th December, 1992, the disputed structure, popularly known as "Ram Janam Bhoomi/Babri Masjid" at Ayodhya was demolished by a group of persons. Consequent upon demolition of the aforesaid structure, two cases were registered on the same day i.e. (i) Crime No. 197/1992 under Sections 395, 397, 332, 337, 238, 295, 297, 153A IPC was registered by the police of Police Station Ram Janam Bhoomi, District Faizabad, against unnamed Kar Sevaks; and (ii) Crime No. 198 of 1992 was also registered by the police of Police Station Ram Janam Bhoomi District Faizabad wherein eight persons were implicated as accused under Sections 153A, 153B, 505, 147, 149 IPC. In the aforesaid cases, there were allegations of widespread commission of robbery, rioting and mischief and other minor offences by different groups of persons against the media and 47 crimes were also registered for offences punishable under Sections 392, 394, 395, 147, 427, 336, etc. The investigation of the crime registered as Case Crime No. 197 of 92 was entrusted to the Central Bureau of Investigation (C.B.I.) on 13.12.1992, upon which the CBI re-registered the case as R.C. No. 8(S)/92-SIU.V-New Delhi. However, the investigation of Case Crime No. 198 of 92 was taken over by CBCID of the State of Uttar Pradesh on 10.12.1992. On 16.12.1992, the State of Uttar Pradesh, in consultation with this Court, established a Special Court of Judicial Magistrate First Class with its place of sitting at Lalitpur, to try the case relating to Crime No. 198/1992. The CB CID of the State filed the final report under Section 173 of the Cr.P.C. After that, Crime No. 198 of 1992 had been registered against all eight accused persons named in the First Information Report, for the offences under Sections 153A, 153B, 505, 147 and 149 IPC. Thereafter, the Special Judicial Magistrate at Lalitpur took cognizance of the case on 1.3.1993.

By Notification dated 8.7.1993, the State Government, after consultation with the High Court, shifted the place of sitting of the Court of Special Judicial Magistrate from Lalitpur to Rae Barelli. By Notification dated 26.8.1993, the Government of India, with the consent of the Government of Uttar Pradesh entrusted the investigation of Crime No. 198/92 and cases arising from same facts/transaction to the CBI. The CBI reregistered the Crime No. 198/92 as R.C. 1(s)/93 and the other 47 related cases as R.C. Nos. 2(s)/93 to 48(s)/93.

On 8.9.1993, the Government of Uttar Pradesh, in consultation with this Court, issued a Notification establishing a Special Court of Additional Chief Judicial Magistrate at Lucknow, for trial of cases arising out of demolition of the disputed structure at Ayodhya, investigated by CBI.

In the meanwhile, on 07.12.1992, appellant no.1-Haji Mahboob Ahmad had lodged separate F.I.R., bearing Case Crime No. 201 of 1992, at police station Ram Janam Bhoomi, district Faizabad alleging therein that his house and other minority communities were looted and burnt by the lakhs of Kar Sewak gathered in Ayodhya on 06.12.1992. Appellant no.2-Syed Akhlaq Ahmad had also lodged separate F.I