JAHANGIR AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the above-noted criminal appeals are directed against the conviction of the appellants from a common judgment and order dated 10.09.2013, therefore, they are being decided together for the sake of brevity and convenience on the joint request of learned counsel for the parties.

(2.) Dr. Kartikey Hari Gupta, who has filed his Vakalatnama in one of the criminal appeals, being CRLA no. 418 of 2013, Jahangir and Hussaini @ Abba vs State, and is ready to argue the criminal appeals on behalf of other appellants, in CRLA no. 386 of 2013, Brij Mohan Chauhan @ Mohan Chauhan vs State; CRLA no. 423 of 2013, Abdul Gani and Ram Avtar vs State; CRLA no. 434 of 2013, Shannu @ Shamshad vs State and CRLA no. 135 of 2014, Mohammad Yunus vs State, therefore, he is appointed Amicus Curiae to assist the Court and argue aforementioned criminal appeals on behalf of other appellants also. It may be noted here that factual matrix of all the criminal appeals and the law governing the field is the same and, therefore, they are being disposed of by this common judgment and order after hearing Dr. Kartikey Hari Gupta, Advocate, who has filed his Vakalatnama in CRLA no. 418 of 2013 and is agree to be Amicus Curiae in identical matters referred to above, in the interest of justice.

(3.) All the above-noted criminal appeals are directed against the judgment and order dated 07.09.2013 / 10.09.2013, passed by learned Sessions Judge, Nainital (Special Judge, Gangster Act), in Special Sessions Trial no. 18 of 2007, whereby the appellants have been held guilty for the offence punishable under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- each and in default of making payment of fine to undergo additional imprisonment of six months.