JAGBEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rahul Mishra, learned counsel for the appellant and Sri Madhu raj Singh and Sri LD. Rajbhar, learned A.G.A. and perused the lower court record.

(2.) The accused appellant Jagbeer Singh has been convicted by the learned trial court for the offence punishable under section 2/3 of Gangster Act and was awarded 10 years rigorous imprisonment and Rs. 10,000/- fine, in default six months rigorous imprisonment.

(3.) At the outset, learned counsel for the appellant has said that he has nothing to argue on the point of conviction and he confines his argument on quantum of sentence. The convicted accused has been sent to jail by the conviction order dated 31.1.2019 and it has been mentioned that prior to that more than 8 years, he has already passed in jail in this offence. In support learned counsel has pointed out the report of the Jailer, which is available on record. This report is dated 5.2.2019 in which the Jail Superintendent, District Jail Baghpat has submitted that prior to his conviction in the Gangster Act, he was in jail as undertrial prisoner in case crime No. 659 of 2008 under section 2/3 of the Gangster Act P.S. Baraut district Baghpat from 17.7.2008 to 24.9.2016.