A special National Investigation Agency court in Lucknow sentenced 28 people to life imprisonment on Friday in connection with the 2018 killing of a 22-year-old youth in clashes during a 'Tiranga rally' on Republic Day in Kasganj district of Uttar Pradesh.
Special judge Vivekanand Sharan Tripathi had on Thursday convicted the 28 accused while acquitting two others - Nasiruddin and Asim Qureshi - giving them benefit of doubt.
The case drew significant attention as the killing of Chandan Gupta, who was leading the Tiranga rally along with his brother, sparked widespread riots in Kasganj for three days and fuelled communal tensions in the region.
During the arguments on the quantum of sentence on Friday, the prosecution demanded the severest punishment whereas the defence counsel pleaded for a lenient view.
Subsequently, the court awarded life sentence and also imposed a fine of Rs 80,000 on each of the convicts who were charged with offences of murder, attempt to murder and rioting as well as insulting the national flag.
Gupta's family expressed satisfaction at the verdict but vowed to continue its fight for harsher penalties for the main accused and those acquitted.
District government counsel Manoj Kumar Tripathi, who represented the government in the case, said the judgment delivered strict punishments, including life imprisonment for all convicts.
"Each convict has been sentenced to life imprisonment and an additional three years for dishonouring the flag," he told reporters.
Speaking to PTI Videos shortly after the verdict, Gupta's brother, Vivek Gupta, said their fight was not over and they will approach the high court seeking death penalty for the culprits.
"In our own country, my brother was brutally murdered, and today, the honourable court has sentenced the guilty to life imprisonment. We are satisfied with this decision, but we will also appeal in the high court to demand the death penalty for the main accused," Vivek said.
He expressed disappointment with the acquittal of two accused. "We will appeal in the high court to ensure that those two accused are also punished," he added.
When asked about the two acquitted individuals, Tripathi said, "We will analyse the judgment and appeal their acquittal in the high court."
Those who have been sentenced are Wasim, Naseem, Zahid alias Jagga, Bablu, Akram, Taufiq, Mohsin, Rahat, Salman, Asif, Nishu alias Zeeshan, Khillan, Wasif, Imran, Shamshad, Zafar, Shakir, Khalid, Faizan, Imran, Shakir, Asif Qureshi alias Hitler, Aslam Qureshi, Shawab, Saqib, Amir Rafi, Munajir Rafi and Salim, according to the order.
The convict, Salim, against whom the court had issued an arrest warrant on Thursday as he was not present in the court, surrendered on Friday. Along with IPC sections, convicts Salim, Wasim, Naseem, Mohsin, Rahat, Bablu and Salman have also been sentenced under the Arms Act.
In its verdict, the judge observed that the prosecution succeeded to prove its case beyond reasonable doubt and there is ample evidence to hold the accused persons guilty.
The prosecution had examined 18 witnesses to prove its case, while 23 witnesses were produced by the defence during the trial.
On January 26, 2018, a 'Tiranga Yatra' was taken out in Kasganj in the morning on the occasion of Republic Day. It was being led by Chandan Gupta alias Abhishek Gupta along with his brother Vivek Gupta and other companions. All of them were going on two-wheelers with the tricolour in their hands, chanting 'Bharat Mata Ki Jai' and 'Vande Mataram', according to the prosecution.
As soon as their yatra reached near the Government Girls Inter College gate from Tehsil Road, the accused -- Salim, Wasim, Naseem and others - armed with weapons, blocked the road in a planned manner and stopped the yatra.
They also snatched the tricolour from the hands of the youths participating in the yatra and threw it on the ground.
They threatened by pointing their weapons while shouting slogans of 'Pakistan Zindabad' and 'Hindustan Murdabad'.
They said that if the youths participating in the yatra wanted to pass through that road, they would have to say 'Pakistan Zindabad'.
When Chandan Gupta opposed this, the accused started pelting stones and firing with an intention to kill him.
Accused Salim shot Chandan with his weapon, due to which he got seriously injured. Vivek somehow saved his life along with other companions and took his brother Chandan to Kasganj police station.
From there, Chandan was immediately sent to the district hospital where he was declared dead. Chandan's father Sushil Gupta had lodged the complaint in the murder case on which the FIR was registered.
In September 2019, the Kasganj sessions court framed charges against 23 individuals. Two months later charges were framed against an additional seven persons.
The trial was transferred to the Lucknow court after initial proceedings in Kasganj.
However, the trial against the accused under Section 124A for treason was not held as the apex court had stayed trial under this section across the country.
Reacting to the court's decision, Uttar Pradesh minister and BJP leader Dayashankar Singh commended the government's efforts in ensuring convictions.
"The family of Chandan Gupta demanded justice, and the government thoroughly investigated the case and presented concrete evidence before the court. As a result, the court has swiftly delivered this judgment. We respect the court's decision," Singh told PTI Videos.
BJP spokesperson Sameer Singh said that the Uttar Pradesh government, under Chief Minister Yogi Adityanath, has prioritised swift justice in heinous crimes.
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