STATE OF U.P. Vs. JAGPAT SINGH

JUDGEMENT

(1.) The State has filed this appeal along with an application for leave to appeal challenging the legality and correctness of the judgment and order of acquittal dated 01.10.2016, passed by Special Judge, U.P. Gangsters Act and Anti Social Activities (Prevention) Act/ IInd Additional Sessions Judge (Court No.2) Banda in G.S.T. No.192 of 2006, (State of U.P. Vs. Jagpat Singh and others) in Case Crime No.98 of 2006, under Sec. 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali Dehat-District-Banda.

(2.) Learned A.G.A. has contended that by the impugned judgment and order, the learned Special Judge, U.P. Gangsters Act and Anti Social Activities (Prevention) Act, has illegally acquitted all the accused-respondents from the charges framed against them under Sec. 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 without weighing and assessing the evidence properly and thereby arriving at the wrong conclusion while acquitting the accused-respondents on flimsy grounds. Hence, the impugned judgment and order of acquittal being perverse, illegal, unjustified and bad in the eyes of law the same may be set-aside.

(3.) Vide order dated 18.1.2017, the lower court's record was summoned, which has been received.