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2019 Supreme(All) 2224

VIRENDRA KUMAR SRIVASTAVA
Sudama Uraon – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Mahesh Sharma, Hriday Kumar Singh, Jai Prakash Prasad, Satya Dheer Singh Jadaun
For the Respondent: G.A.

JUDGMENT :

Virendra Kumar Srivastava, J.

1. This instant appeal has been filed by the appellant against the judgement and order dated 21.3.2018, passed by Sessions Judge, Sonbhadra, in Special Session Trial No.553 of 2012 (State vs. Sudama Uraon) arising out of case Crime No.432 of 2009, P.S Pannuganj, district Sonbhadra, whereby the appellant-accused (in short 'appellant') has been convicted for the offence under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (in short 'Act') for three years rigorous imprisonment and fine of Rs. 5,000/-and in default of payment of fine, he has been further sentenced for three months simple imprisonment.

2. The brief facts, arising out of this appeal, are that an information was received by S.I. Sri Shesh Dhar Pandey, Station In-Charge, P.S. Pannuganj, District Sonbhadra that appellant Sudama Uraon, leader of Nexalite Gang, is active with his members of the gang and is creating terror in society and due to which nobody comes forward to show his grievance against the appellant and the members of his gang. On the basis of said information a report was sent to the District Magistrate concerned through a higher police offi

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