PAPPU Vs. STATE OF U. P.

JUDGEMENT

(1.) This Appeal under Sec. 374(2) Cr.P.C. has been filed by convict appellant- Pappu @ Dhani Ram against judgment of conviction dtd. 8/12/2008 passed by learned Special Judge, Gangster Act, Lucknow in Case No.90 of 1998, State Vs. Birju and Others, Case Crime No.78 of 1997, Police Station Fatehpur Chaurasi, District Unnao, convicting and sentencing the appellant under Sec. 3(1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 for two years and six months rigorous imprisonment alongwith fine of Rs.5,000.00 with default stipulations.

(2.) Learned counsel for convict appellant argued that the appellant had been convicted and sentenced with two years' rigorous imprisonment and fine of Rs.5,000.00 and in default with further imprisonment of one month, which was a severe sentence, against the evidence on record. Trial Court failed to appreciate facts and evidence placed before it, resulting this perversity. He further argued that six criminal cases were shown as criminal history against appellant in gang chart. There was no independent witness of public to prove prosecution case, except police and official witnesses, who were examined before trial Court. The convict appellant is neither member of any gang nor he had worked as gangster. There was no anti-social activities of him. No credible evidence was there. Hence, offence punishable under Sec. 3(1) of the Act was not made out. Even then, charge sheet was submitted and judgment of conviction with sentence, as above, was passed. Hence, this appeal with above prayer.

(3.) Learned A.G.A. has vehemently opposed the contentions raised by learned counsel for the appellant and submitted that the trial court has rightly appreciated facts and law, placed before it in correct perspective of law. After approval of District Magistrate, Unnao, gang chart, having six cases lodged against appellant including Case Crime No.177/1993, under Sec. 395/397 I.P.C., Case Crime No.377/1997, under Sec. 307 I.P.C., Case Crime No.422/1993, under Ss. 147/148/307 I.P.C., Case Crime No.167/1995, under Ss. 147/148/302 I.P.C., Case Crime No.269/1996, under Sec. 302 I.P.C. and Case Crime No.56/1997, under Sec. 307 I.P.C., was in gang chart and on the basis of above gang chart this Case Crime No. 78 of 1997, under Sec. 3 of the Act got registered and investigated, resulting submission of charge sheet. Accused person pleaded not guilty and claimed for trial for the charges leveled against him. Prosecution had examined its witnesses, who had proved prosecution case beyond doubt and on the basis of those cogent evidence, judgment of conviction with sentence, as above, was passed. Hence, this appeal is baseless.