YOGESH AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) None was present on behalf of appellants, so Mr. Narayan Har Gupta, Advocate, present in the Court, was requested to assist the Court on behalf of appellants. He accepted request of this Court. Therefore, Mr. Narayan Har Gupta, was appointed as Amicus Curiae on behalf of appellants in pre lunch session and paper book was handed over to him and he argued the appeal in post lunch session.

(2.) Present appeal is directed against the judgment and order dated 17.07.2010 passed by Special Judge, Gangster Act / 1st Additional Sessions Judge, Haridwar in Special Sessions Trial No. 03 of 2003 whereby appellants were held guilty for the offence punishable under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 (for short "the Gangster Act") and were sentenced to undergo 2 years rigorous imprisonment each and to pay fine of Rs. 5,000/- each and in default of making payment of fine, to undergo additional rigorous imprisonment of two month.

(3.) Brief facts of the present case, inter alia, are that an FIR was got registered against appellants and two other persons namely Neeraj and Ramnath under Section 2/3 of the Gangsters Act, after obtaining consent from the Collector, Haridwar and Senior Superintendent of Police, Haridwar stating therein that appellants and two others constituted a gang of criminals and were involved in various offences provided under Chapter 16, 17, 22 of the Indian Penal Code; people are afraid of them and nobody was ready to report against them due to their fear; following cases were shown to have been registered against appellant Yogesh: