Mohan M. Shantanagoudar JUDGMENT
N.V. Ramana, J.
1. These appeals by special leave arise out of the common impugned judgment dated 29.05.2009, passed by the High Court of Allahabad in Criminal Appeal Nos. 1419, 1430, 1518 and 898 of 2004, whereby the High Court has reversed the judgment of conviction passed by the Additional Sessions Judge, Kanpur in Sessions Trial No. 164/2002 dated 22.01.2004 Under Sections 302 read with 149, 307 read with 149, 148 Indian Penal Code and Section 7 of Criminal Law Amendment Act, 1932. Whereas the High Court in Government Appeal No. 5270 of 2005 preferred by the Appellant-State, has dismissed the appeal against the acquittal of Accused No. 1-Respondent (Wasif Haider) for offences Under Sections 25 and 27 of Arms Act, 1959 and Sections 4 and 15 of Explosive Substances Act, 1908, while affirming the judgment dated 3.8.2005 passed by the Additional Sessions judge, Kanpur acquitting the Accused No. 1-Respondent (Wasif Haider) in Sessions Trial No. 143 and 144 of 2002.
2. Brief facts as unfolded from the prosecution story are that, while the complainant (P.W. 2-S.O., P.S. Moolganj, Kanpur) along with other police personnel was on duty at the parade crossing, he came to know that a crowd of around 200-300 rioters were causing rampage and destruction at the Chaubey Gola Temple. Immediately, the complainant accompanied by the police force and A.D.M. (Finance and Revenue)-Sri Chandra Prakash Pathak (hereinafter referred as "the deceased"), and half a Section of Provincial Armed Constabulary ["PAC"] proceeded towards scene of occurrence. Admittedly, when the deceased along with police personnel were at a distance of around 100-150 paces from Sunehri Mosque on the Nai Sarak, rioters started firing upon them resultantly injuring the deceased and his orderly, Ram Chandra. In order to control the law and order situation, the police were compelled to fire in their defense. When the police party reached the mosque, the rioters had already fled away. Subsequently, when the police party reached Chaubey Gola Temple where rioters had already looted some houses and had also committed arson. In the meanwhile, the police also received the information that the deceased had succumbed to the gunshot injuries in the hospital. Finally, the F.I.R., Case Crime No. 7 of 2001 came to be registered at 8.05 P.M. on 16.03.2001 against 200-300 unknown rioters.
3. On the same night, after conducting the inquest proceedings, the dead body was sent for post mortem examination and the investigation commenced. The investigation officer after recording the statement of witnesses, inspected the place of occurrence and prepared Site Plan ext. Ka-6. A bullet which was recovered from the ashes of deceased was sent for Forensic examination.
4. On 02.08........