Lucknow: A court on Monday convicted 22 individuals for their involvement in an attack, arson, and looting of a police outpost in Uttar Pradesh's Barabanki district in an 11-year-old case. However, the court acquitted all of them of the charge of attempt to murder due to insufficient evidence.
Details of the Conviction
Additional District and Sessions Judge of Barabanki, Rakesh Kumar Singh, also imposed a fine 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 of the IPC. Additionally, they were convicted under Section 7 of the Criminal Law Amendment (CLA) 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 armory. Cash, records, and police equipment were also looted. The incident created panic in the area, forcing local markets to shut down. Police subsequently booked 22 men for rioting, arson, and attempt to murder.
Legal Proceedings
Separate charge sheets were filed against different sets of accused between November 2015 and June 2016. The cases came up for trial in the sessions court. Since both sessions trials arose from the same incident, the court conducted a joint trial.
During the trial, the defense argued that information had circulated that one Subhash Rajvanshi died due to police assault, which provoked the accused to become involved in the violence in a fit of outrage. The defense pleaded for leniency, stating that the convicts belong to poor families, have dependent children, and are sole breadwinners. They argued that imposing the maximum punishment would devastate their families economically.
Opposing the plea for leniency, the prosecution, led by Deputy Government Counsel (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 offense. However, considering the economic and family circumstances of the convicts, awarding the maximum punishment would not be justified under the facts and circumstances of the case.
