PRATYUSH KUMAR,J - (1.) The instant appeal filed on behalf of the accused -appellant is directed against the judgment and order dated 9th April, 2010 passed by Sri R.S.Yadav, the then Special Judge of the Uttar Pradesh Gangsters and Anti -Social Activities (Prevention) Act, 1986 hereinafter referred as 'the Act', Faizabad in Gangster Case No.352 of 2003 whereby the present appellant has been convicted under sections 147, 148, 302 I.P.C., Section 7 of the Criminal Law Amendment Act and Section 3(1) of the Act and sentenced him to undergo rigorous imprisonment of one year imprisonment, imprisonment for life and fine of Rs.5,000/ - in default thereof three months' six months' imprisonment and fine of Rs.3,000/ - in default thereof, six and three years' rigorous imprisonment and fine of Rs.5,000/ -in default thereof imprisonment of five months respectively. All the sentences were directed to run concurrently.
(2.) In this appeal, prosecution facts of the case may be summarized as under: - On 14th July, 2002, at 6.30 a.m. Haridev Sharma handed a written report at Police Station Kamrauli stating therein that his two brothers Shadeo and Vasudeo were going from the house by Scooter No. UP 32K, 0974 to attend their duty at Indo Gulf Factory. Shadeo Sharma was also carrying 12 bore gun on his scooter. Following them he and co -villager Rajendra Tiwari @ Baba were going to get their vehicle refuelled at the petrol pump. When his brother reached national highway then at about 5.45 a.m. near Sanjay Gandhi Polytechnic, the first informant saw that from the side of Lucknow, one jeep came at great speed with intention to kill. They hit the jeep with the scooter of his brothers, both his brothers fell down, scooter was also overturned. After proceeding further, jeep also turned turtle on the road side. Javed, Khalid, Subhash @Puttan, Shivdas @ Daddan and three unknown persons were sitting in the jeep, they alighted therefrom and started indiscriminate firing on his brothers, due to which his both brothers died at the spot. The scooter was damaged, gun was lying on the spot. One person sitting in the jeep had sustained injuries. Number of the Jeep was MZN -1795.
(3.) At this, Chik F.I.R. was scribed, Case Crime No.121 of 2002 was registered and requisite entry was made in the report of the general diary. Investigation was taken over by Arun Kumar Verma, the then Station Officer himself. From the spot one country made pistol of .303 bore with two life cartridges, gun of deceased Shahdeo with three life cartridges were recovered from the spot. On the same day, on the basis of information received one accused Gautam died from the gun shot injury sustained by him during his encounter with the police party. Two accused during the investigation died. Shivdas @ Daddan, Subhas @ Puttan absconded and only against the present appellant chargesheet was submitted. After conclusion of the investigation, chargesheet was submitted against the present appellant.;