WASIF HAIDER Vs. STATE OF U P

JUDGEMENT

(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.

(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.