AZIZ AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals have been separately filed by accused appellants Aziz and Asgar with Faujdar against the judgment and orders dated 21st February, 2012 passed by Sri Mohan Lal Vishwakarma, the then Special Judge Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the Gangster Act), Court No. 9 Gonda in Gangster Case No. 16 of 2008 (State v/s. Asgar and others) under Ss. 302 IPC and Sec. 3(1) of the Gangster Act, whereby the appellants have been convicted under Ss. 302/34 IPC and 3(1) of the Gangster Act and sentenced to undergo imprisonment for life and to pay fine of Rs. 25000/ - each and to undergo rigorous imprisonment of three years and to pay fine of Rs. 5,000 each, in default thereof to further undergo simple imprisonment of six months, respectively. The sentences were made concurrent.

(2.) Since both the appeals are against the same judgment, the appeals have been heard together and are disposed of by a common judgment and order.

(3.) In these appeals facts of the prosecution case may be summarized as under: