SUSHIL vs STATE OF UTTARAKHAND - 2021 Supreme(UK) 770

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(UK) 770

LOK PAL SINGH
SUSHIL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent

Advocates:
.For the Appellant :Mr. M.S. Pal, Learned Senior Advocate assisted by Ms. Charanjeet Kaur, Advocate
For the Respondent: Mr. Subhash Tyagi Bhardwaj, Learned Dy. Adv. General with Ms. Shivangi Gangwar, Learned Brief Holder

JUDGMENT

Hon'ble Lok Pal Singh, J.

This appeal has been preferred against the judgment and order dated 18.02.2019, passed by the Special Judge/3rd Additional Sessions Judge, Haridwar in S.S.T. No. 11 of 2009, State vs. Praveen Balmiki & Ors., whereby the said court has convicted the appellant Sushil under section 2/3 of U.P. Gangsters and Anti Social (Prevention) Activities Act, 1986 (hereinafter referred as the Act) and sentenced him to rigorous imprisonment for a period of 10 years and directed to pay fine of Rs. 10,000/-, in default of which accused/appellant to undergo further three months' simple imprisonment.

2. Brief facts, in nutshell, are that the informant Incharge Inspector Sri B.S. Chauhan gave a report with the averments that on 24.07.2008 when he along with Constable Sandeep Kumar and constable Ravi Pant was on patrolling duty, he was informed by the villagers that there is active gang of Praveen Balmiki who is its leader, which runs with the help of its associates namely Sushil (present accused/appellant), Narendra and Pappu. The gang has been involved in the commission of the offences like dacoity, murder, extortion etc., and due to their act, there is terror in the s