SHRI KANT TRIPATHI,J. - (1.) THE appellant Raju @ Shiv Dayal has filed this appeal against the judgment and order dated 6.12.1999 rendered by the Special Judge, Lucknow, appointed under the U.P. Gangsters and Anti Social Activities (Prevention) Act, whereby the learned Special Judge has convicted and sentenced the appellant under section 3 of the aforesaid Act to undergo rigorous imprisonment for a period of two years and also to pay a fine of Rs. two thousand and in default of payment of fine to under go a further rigorous imprisonment of fifteen days.
(2.) ACCORDING to the prosecution, the appellant Raju @ Shiv Dayal and one Ram Beriya had formed a gang to commit offences and terrorized the public and thereby had been indulged in ante social activities. They had also committed the offence under section 307 IPC which was registered at the concerned police station vide the case crime no. 201/1997. They had been made accused even in the case crime no. 205/1997 under sections 452, 302 and 307 IPC. In addition to the said two cases, the appellant was also involved in committing the following offences registered at police station Dalmau, district Raebareli: (i) Crime no. 97/1993 under sections 457, 380 IPC; (ii) Crime no. 22/1991 under sections 307,323 and 506 IPC; (iii) Crime no.44/1999 under sections 406, 480, 467 and 506 IPC; (iv) Crime no. 107/1990 under sections 279, 304A and 201 IPC; and (v) Crime no. 6/1989 under section 4/10 of U.P. Protection of Trees Act. The aforesaid offences had been committed by the gang formed by the appellant and his associates. The police registered the instant case under section 3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, (hereinafter referred as 'the Act'), against the appellant and investigated the matter and submitted a charge sheet before the court concerned.
(3.) THE appellant denied the charge and stated that he has been falsely implicated due to enmity.;