Pratyush Kumar, J. - (1.) The instant appeals filed by accused appellants are directed against the judgment and order dated 20.09.2013 passed by Sri Santram, the then Additional Sessions Judge/Special Judge, (The Uttar Pradesh Gangsters and Anti -Social Activities (Prevention) Act, 1986, hereinafter referred to as 'the Act'), Court No. 3, Gonda in Gangster Case No. 465 of 2008 (State v/s. Dr. Shahid Khan and 7 others, whereby the accused appellants were convicted and sentenced as below: Note: All the accused appellants were acquitted from the charges under Sec. 307/149, 506(2) IPC and Sec. 3 (1) of the Act.
(2.) Since both the appeals arise out of the same gangster case, questioning the correctness of the same judgment, both are disposed of by a common judgment.
(3.) The prosecution case, in the instant appeals, is as under: "That on 28th March, 2001 at 4.45 A.M. at P.S Kaudiya, District Gonda, Kale Khan R/o village Pathanan Purwa, P.S. Kaudiya, gave a written report mentioning therein that there was a dispute regarding the mosque and madarsa of village Bankati. Though their amicable settlement was arrived at with Dr. Shahid Khan and Maqbool Khan but Dr. Shahid bore grudge against them and due to which the previous night at about 9 P.M. when he along with his brother Abdulla, after taking their dinner were warming up by fire in front of their door from the side of mosque (west) Dr. Shahid, Maqbool, Tahir Khan, Zamal Khan R/o Pathanan Purwa accompanied by Shamsher Khan and Shahid Khan of village Chay Purwa armed with lathi and danda came there. They started to beat them in front of Abdulla's shop. When Maseer Khan tried to save him, he was also beaten. Nizamudeen came to their rescue he was also beaten. Thereafter after setting fire to pual and lahi kept towards the mosque they departed toward west. While leaving the scene of occurrence Shahid fired his country made pistol in the air. Haneef Khan, Chingu Khan also came there and saw the occurrence in the light of electricity and torch. At about 1 A.M. in the night some persons from village Ranipurwa came there and helped them to take Abdulla on Thiliya (hand pushed cart) but when they were nearby Ranipurwa, Abdulla succumbed to injuries and died. Injured persons received severe injuries. Dead body was lying on a cot near Ranipurwa. After registering his report, he prayed for taking suitable action. At this chick FIR was scribed. Case Crime No. 35 of 2001 under Ss. 147, 148, 149, 506, 323, 307, 435 and 302 IPC was registered and requisite entry was made in the report of the general diary. Injured were sent for medical examination and treatment. Investigation was entrusted to Sri Abdul Rahaman, the then Station Officer of the Police Station Kaudiya. Inquest proceedings were held, postmortem examination was conducted, spot was inspected, witnesses were examined. Thereafter Sec. 3(1) of the Act was added. After completion of the investigation charge sheet was submitted.";