Shri Narayan Shukla, J.;-

Heard Mr. Arvind Kumar along with Mr. Vijai Kumar Rai, learned counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate.

2. The petitioner has challenged the judgment and order dated 25.11.2011 passed by the Additional Special Judge (Gangster Act), Lucknow in Case No. 65-A of 2005 arising out of Case Crime No. 26 of 2005, Police Station Kotwali Dehat, district Hardoi. The main ground of challenge is that to constitute the offence committed by the petitioner under Section 120-B of Indian Penal Code, no ingredients of Section 120-B IPC are available.

3. The learned counsel for the petitioner submits that the investigation report does not indicate any meeting of petitioner's mind to commit the offence. Thus the conspiracy on part of the petitioner in commission of offence alleged is not established. Moreso, the arms which are said to have been used in commission of offence have not been examined, despite production of the same by the petitioner before the Investigating Officer. In support of his submission he cited the following decisions:-

1. Ranjitsing Brahmajeetsing Sharma Vs State of Maharashtra and another repo

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