Pappu @ Dhani Ram vs State of U. P. - 2024 Supreme(All) 258

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 258

SHAMIM AHMED
Pappu @ Dhani Ram – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Appellant : Rajendra Kumar

JUDGMENT :

1. This Appeal under Section 374(2) Cr.P.C. has been filed by convict appellant-Pappu @ Dhani Ram against judgment of conviction dated 08.12.2008 passed by learned Special Judge, Gangster Act, Lucknow in Case No.90 of 1998, State Vs. Birju and Others, Case Crime No.78 of 1997, Police Station Fatehpur Chaurasi, District Unnao, convicting and sentencing the appellant under Section 3(1) of The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 for two years and six months rigorous imprisonment alongwith fine of Rs.5,000/- with default stipulations.

2. Learned counsel for convict appellant argued that the appellant had been convicted and sentenced with two years' rigorous imprisonment and fine of Rs.5,000/-and in default with further imprisonment of one month, which was a severe sentence, against the evidence on record. Trial Court failed to appreciate facts and evidence placed before it, resulting this perversity. He further argued that six criminal cases were shown as criminal history against appellant in gang chart. There was no independent witness of public to prove prosecution case, except police and official witnesses, who were examined before t