Pratyush Kumar, J. - (1.) These two appeals have been separately filed by accused appellants Aziz and Asgar with Faujdar against the judgment and orders dated 21st February, 2012 passed by Sri Mohan Lal Vishwakarma, the then Special Judge Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as the Gangster Act), Court No. 9 Gonda in Gangster Case No. 16 of 2008 (State v/s. Asgar and others) under Ss. 302 IPC and Sec. 3(1) of the Gangster Act, whereby the appellants have been convicted under Ss. 302/34 IPC and 3(1) of the Gangster Act and sentenced to undergo imprisonment for life and to pay fine of Rs. 25000/ - each and to undergo rigorous imprisonment of three years and to pay fine of Rs. 5,000 each, in default thereof to further undergo simple imprisonment of six months, respectively. The sentences were made concurrent.
(2.) Since both the appeals are against the same judgment, the appeals have been heard together and are disposed of by a common judgment and order.
(3.) In these appeals facts of the prosecution case may be summarized as under: "That on 8th August, 2004 at 2 A.M. Smt. Noorjahan R/o mauja Vejapur village Alauddinpur, P.S. Sadulla Nagar gave a written report stating therein that in the intervening night of 7th/8th August, 2004 she and her husband were lying down on separate cots in front of the house, nearby son of her brother Abdul Moin was also lying down. At about 11.30 p.m. Asgar, Faujdar and Aziz were conversing with her husband and at that time lantern was burning. When the altercation in heated words started she awoke from her sleep and saw that Asgar and Faujdar had caught hold her of husband and Aziz shot her husband in the chest. On the hue and cry and sound of fire Samiullaha and Shakatu reached there and identified the assailants. Her husband tried to catch hold of Aziz but all the three assailants made good their escape towards west. They were hardened criminals and belonged to a gang. Dead body of her husband was lying on the spot.";