JAI PRAKASH Vs. STATE

JUDGEMENT

(1.) All these appeals, preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the common judgment and order dated 31.5.2007 passed by the Special Judge (Gangsters Act)/Sessions Judge, Nainital in consolidated Special Sessions Trial No. 46/2005, State v. Mohan Singh Paliwal, Special Sessions Trial No. 53/2005, State v. Mohan Singh Paliwal, Special Sessions Trial No. 36/2005, State v. Jai Prakash, Special Sessions Trial No. 55/2005, State v. Raju Pal, Special Sessions Trial No. 56/2005, State v. Jai Prakash, Special Sessions Trial No. 57/2005, State v. Sanjay Kumar and Special Sessions Trial No. 58/2005, State v. Rahul Singh Negi @ Rocky. Vide the aforesaid impugned judgment and order dated 31.5.2007, learned Special Judge (Gangsters Act)/Special Judge, Nainital has convicted each of the accused appellants, viz. Jai Prakash, Rahul Singh Negi @ Rocky, Raju Pal and Sanjay Kumar under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short, Gangsters Act) and sentenced each of the accused appellants to undergo three years' R.I. along with fine of Rs. 10,000/- each, in default to undergo three months' simple imprisonment. Each of the accused appellants has further been convicted under Sections 147, 365, 397 and 412 of Indian Penal Code, 1860 (for short, IPC) and each of them has been sentenced to undergo seven years' R.I. under Section 397 IPC along with fine of Rs. 50,000/-, in default to undergo one year's simple imprisonment; two years' R.I. under Section 147 IPC; seven years' R.I. under Section 365 IPC along with fine of Rs. 25,000/- each and in default to undergo six months' simple imprisonment and seven years' R.I. under Section 412 IPC along with fine of Rs. 25,000/- each, in default to undergo six months' simple imprisonment. Accused appellants Raju Pal, Jai Prakash and Sanjay Kumar have also been convicted under Section 25 of the Arms Act, 1959 and each of them has been sentenced to undergo three year's R.I. along with fine of Rs. 10,000/- each. Accused appellant Rahul Singh Negi @ Rocky has been convicted under Section 4/25 of the Arms Act along with fine of Rs. 10,000/-. It has further been directed that in default of payment of fine awarded for the offence punishable under Arms Act, each of the accused appellants shall undergo three months' simple imprisonment. All the sentences have been directed to run concurrently.

(2.) Since all these appeals relate to one and common incident and trials thereof have been decided by the trial court by a consolidated judgment, therefore, these appeals are being decided by this Court vide this common judgment and order.

(3.) One accused, viz., Mohan Singh Paliwal died during the pendency of trial and hence, trail against him was abated by the trial court vide order dated 18.7.2006.