MAQSOODUR RAHMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Since both the cases arise out of common order passed by the court below, therefore, these appeals are being heard and decided by common judgement.

(2.) This appeal has been filed being aggrieved and dissatisfied with the judgement and order dated 16.10.2017 passed by Sri Babu Ram, A.S.J./Ganster Court Lakhimpur Kheri, convicting the appellants in Crl. Case No.1/2012 arising out of Case Crime No.1616/2011, under Section 3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Haidrabad, District- Khiri and sentencing each of them 8 years rigorous imprisonment with fine of Rs.10,000/-, in default of payment of fine further one month simple imprisonment.

(3.) In brief, the prosecution case is that on 11.11.2011, the first informant, Sub-Inspector, Rajesh Kumar Singh along with Constable, Durgesh Singh and Home Guard, Sripal was busy in patrolling duty with Government Jeep by means of General Diary No.20 Time 12.45pm. During patrolling duty, it came into the knowledge of police party that the accused-appellant, Anoop Kumar alias Annu Verma is the gang leader of organized gang. This gang is used to committing offence under Chapter 16, 17 and 22 I.P.C. for gaining economic and material benefit of their members. No person of public dares to lodge F.I.R. and witnesses against them. The criminal history of the gang leader, Anoop Kumar @ Annu and other members are as under: