Hon'ble Shamim Ahmed,J.

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 e