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28 get life term in Chandan Gupta murder case
The court also imposed a fine of ₹50,000 ( under section 302) and ₹10,000 (under section 307) on all 28 convicted persons.
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A special National Investigation Agency (NIA) court on Friday awarded life imprisonment to all 28 convicted persons in connection with the murder of Chandan Gupta in a communal flare-up in Kasganj during Tiranga Yatra on January 26, 2018.
Additional district judge Vivekanand Saran Tripathi pronounced the order under several sections of the Indian Penal Code, including 307 (attempt to murder) and 302 (murder) and the Arms Act, 1959.
The court also imposed a fine of ₹50,000 ( under section 302) and ₹10,000 (under section 307) on all 28 convicted persons.
“The NIA court has awarded life sentences to all 28 in the Chandan Gupta murder case,” district government counsel Manoj Tripathi said after the verdict.
On Thursday, the court found the 28 guilty under several sections of the Indian Penal Code, including 307 (attempt to murder) and 302 (murder). The court also awarded separate sentences to one Salim and six others under the Arms Act. The court also charged them under the Prevention of Insult to National Honour Act, 1971.
The court acquitted two other accused—Nasiruddin and Asim Qureshi—giving them the benefit of doubt.
Those convicted are Salim, Wasim, Nasim, Jahid ‘Jagga’, Asiq Qureshi ‘Hitler’, Aslam Qureshi, Akram, Taufeeq, Khillan, Shabab, Rahat, Salam, Mohsin, Asif Jimwala, Saquib, Bablu, Nishu, Wasif, Imran, Shamshad, Jafar, Sakir, Khalid Parvez, Faizan, Imran Qayyum, Sakir Siddiqui, Munazir Rafi and Amir Rafi.
“Of the 28 men convicted, Munazir Rafi was in jail in connection with the murder of lawyer Mohini Tomar of Kasganj on September 3, 2024. The 27 remaining accused were out on bail. Of them, 26 surrendered before the court on Thursday. Salim surrendered on Friday,” said additional district government counsel MK Singh.
Salim, who had shot dead Chandan Gupta, came on a wheelchair in the court to surrender. According to his lawyer, Salim has several ailments, including kidney-related problems.
Violence erupted in Kasganj on Republic Day in 2018 during the Tiranga Yatra -- a motorcycle rally with people carrying the national flag. The yatra was organised by members of groups such as the Akhil Bharatiya Vidyarthi Parishad and Vishva Hindu Parishad (VHP).
The bikers with national flags wanted a way through an area earmarked for a national flag hoisting ceremony in a predominantly Muslim neighbourhood.
The altercation turned violent, resulting in the shooting of Abhishek Gupta aka Chandan Gupta and subsequent communal clashes.
During the trial of the case, the prosecution presented 18 witnesses and the defence 23. Saurabh Pal, a prosecution witness in the case, had turned hostile.
“We are satisfied with the court’s decision. But we will move the high court seeking capital punishment for all 28 convicted persons,” said Vivek Gupta, brother of Chandan Gupta. Vivek was present in court when the judgment was pronounced.
Additional district government counsel MK Singh represented the state government in court during the trial. Advocate Durgesh Nandini assisted him.
In another development, the Supreme Court on Friday dismissed the petition challenging trial of the Chandan Gupta murder case in the NIA court, Lucknow.
“All those convicted in the case had approached the apex court challenging the trial of the case in the NIA court. The Supreme Court today dismissed the petition pointing out that the NIA court has full jurisdiction to hear the case,” said advocates Subhash Bisaria and Amol Chitravanshi who argued the case.
The NIA court imposed several sections of the Indian Penal Code on 28 convicted persons in the Chandan Gupta murder case. The IPC sections include 307 (attempt to murder, 10 years’ imprisonment), 302 (murder, life sentence), 147 (rioting, 2 years), 148 (guilty of rioting while armed with a deadly weapon, three years), 341 (wrongful restraint, one month), 336 (anyone who acts rashly or negligently and endangers the life of others, three months), 504 (breach of public peace, two years), 506 (criminal intimidation, two years).
The court also imposed Section 124K of the Prevention of Insult to National Honour Act, 1971 (insult to national flag, three years) and Sections 25/27 of the Arms Act, 1959 (three years and seven years).
Under the Arms Act, Mohsin, Rahat, Wasim, Bablu and two others were awarded three-year jail terms while Salim was awarded a seven-year prison term. This will run concurrently with their life sentence
