A court in Lucknow on Monday convicted 22 individuals for their involvement in an attack, arson, and loot of a police outpost in Barabanki, Uttar Pradesh, in an 11-year-old case. However, the court acquitted all of them of the charge of attempt to murder due to insufficient evidence, as reported by Pathikrit Chakraborty.
Details of the Conviction
Additional District and Sessions Judge Rakesh Kumar Singh of Barabanki also imposed a penalty of Rs 50,000 on each convict. The 22 convicts were found guilty under various sections of the Indian Penal Code (IPC), including Sections 147 (rioting), 148 (rioting with weapons), 395 (dacoity), 397 (causing injury), 332 (causing hurt to public servant), 353 (use of force against public servant), 436 (mischief by fire), 504 (insult), and 506 (intimidation), read with Section 149 (unlawful assembly). Additionally, they were convicted under Section 7 of the Criminal Law Amendment Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act.
Background of the Incident
The violence erupted on August 31, 2015, a day after an accused allegedly died by suicide at the Deva police station lock-up in Barabanki district. According to the First Information Report (FIR), nearly 150 men and women, armed with lathis, iron rods, and inflammable material, attacked the Mati police outpost after being instigated by some local politicians.
The mob assaulted policemen, set the outpost on fire, torched motorcycles and other structures, vandalized wireless systems, and attempted to loot weapons from the armoury. Cash, records, and police equipment were looted, causing panic in the area and forcing markets to shut down. Police initially booked 22 men for rioting, arson, and attempt to murder.
Legal Proceedings
Separate chargesheets were filed against different sets of accused between November 2015 and June 2016. The cases came up for trial in the sessions court, and since both sessions trials arose from the same incident, the court conducted a joint trial.
During the trial, the defence argued that information had circulated that one Subhash Rajvanshi had died due to police assault, which prompted the accused, in a fit of outrage, to become involved in the violence. The defence pleaded for leniency, stating that the convicts belonged to poor families, had dependent children, and were sole breadwinners. They argued that imposing the maximum punishment would devastate their families economically.
Opposing the plea, the prosecution, led by DGC Criminal Arvind Rajput, submitted that the accused had carried out a daring and lawless attack on the Mati police outpost. Rajput argued that the mob set the outpost ablaze, assaulted policemen, looted government records and cash, and caused grievous injuries to police personnel.
Court's Observation
The court observed that the convicts had committed a grave offence. However, considering the economic and family circumstances of the convicts, awarding the maximum punishment would not be justified in the facts and circumstances of the case. Therefore, while holding them guilty, the court imposed a fine of Rs 50,000 each but did not sentence them to the maximum term.
