NURAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 21.01.2019, passed by Special Judge, (Gangster Act)/Vth Additional Sessions Judge, Court No. 10, Allahabad, in Special Sessions Trial No. 06 of 2000 (State vs. Nurain), under Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Ghoorpur, District Allahabad, whereby the accused appellant was convicted and sentenced to undergo rigorous imprisonment for three years along with fine of Rs. 15,000/- with default stipulation.

(2.) Brief facts are that the informant S.O., Police Station Ghoorpur, District Allahabad had lodged a first information report on 10.12.1997 stating that there is active gang of accused Nurain who is its leader, which runs with the help of its associates namely Bhola, Arvind Kumar, Ekhlakh Ahmad, Manjoor Khan and Ghanshyam. They used to commit the offence under Chapters 16, 17 and 22 of the I.P.C. The gang has been involved in the commission of offences like attempt of murder and murder etc. and due to that, in the society there is terror of this gang and, therefore, nobody lodges any report or gives any evidence against the members of the gang. The gang was involved in illegal recovery of money against accused Nurain in Case Crime No. 176/1986, under Section 302 I.P.C., Case Crime No. 183/1986, under Sections 302, 201 I.P.C., Case Crime No. 191/1993, under Section 332, 353, 504 I.P.C., Case Crime No. 138/1989, under Section 393 I.P.C., Case Crime No. 321/1992, under Section 20 N.D.P.S. Act, Case Crime No.259/1997, under Sections 147, 148, 323, 504, 506, 427 I.P.C. and Case Crime No. 408/1997, under Section 307/34 I.P.C., which are registered in Police Station Ghoorpur, District Allahabad.

(3.) On the basis of the aforesaid first information report, this case was registered under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 and after investigation a charge sheet was submitted by the Investigating Officer. The trial court has framed charge under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 against the accused-appellant, but he has denied the charges and claimed trial.