CHINTAAI AND ANR Vs. STATE OF U P

JUDGEMENT

(1.) The instant appeal, filed on behalf of the accused-appellants, is directed against the judgment and orders dated 7.01.2016 passed by Sri Manoj Kumar Shukla, Special Judge ( Gangsters Act) Jalaun at Orai, in Gangster case no.125 of 2009 ( State Vs. Chintaai and another), in case crime no. 105 of 2009, under section 2/3 of the U.P. Gangester and Anti- Social Activities (Prevention) Act, 1986 (hereinafter referred as the Gansster Act), police station Kotra, District Jalaun convicting and sentencing the appellants to undergo 5 years rigorous imprisonment with fine of Rs.5,000/- under section 3 of the Gangsters Act and in default thereof to further undergo 5 months additional imprisonment.

(2.) In the present appeal, the facts of the prosecution case are as under.

(3.) That on 14.4.2009 at 12.30 p.m. S.I. K.S. Sinha, Station Officer of police station Kotra, district Jalaun lodged an F.I.R stating therein that on that day he was on patrol duty along with a police party having three constables when he reached near village Karthara, Binaura, he came to know that appellants Chintaai and Prashant Swami had formed and organized a gang led by Chintaai and they for gaining undue financial and material benefits had taken crime as their means of livelihood. Due to their criminal acts the members of society did not dare to report against them or give evidence about their activities. On 19.3.2009 they had demanded Rs.10,000/- from Pappu Sharma in the market of town Kotra by brandishing country made pistol, when he did not fulfill the demand, he was abused and threatened. Now shopkeepers of Kotra were ready to leave the town. They are committing the offences punishable under Chapters 16,17 and 22 of the Indian Panel Code. They had committed the following offenses.