STATE OF U.P.versusSHEODAN SINGH AND OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                GOVERNMENT APPEAL No. - 1930 of 1988

State of U.P.
                                                              .....Appellant(s)
                                   Versus
Sheodan Singh And Others
                                                            .....Respondent(s)

Counsel for Appellant(s)         : A.G.A.
Counsel for Respondent(s)        : , Gyan Prakash Tiwari, Kamlesh Tiwari,
                                   Sunil Kumar Upadhyay

Court No. - 93
            HON'BLE MRS. VANI RANJAN AGRAWAL, J.

1. The present appeal has been filed on behalf of the State of U.P. against the
judgment and order dated 10.05.1988 passed by Sri S.S. Sharma, Special
Judge, Agra in Sessions Trial No.131/1987.

2. The prosecution' case in brief is that the accused respondents have formed
a gang and indulged in criminal activities for pecuniary gain and to create
terror in the society. The Gang-chart was prepared on the basis of their
alleged criminal history which include -

(i) Crime No.127/86, under Section 148, 307 IP.C.

(ii) Crime No.162/86, under Section 396 I.P.C.

3. On the basis of said criminal antecedents, a charge-sheet under Section
2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention)
Act, 1986 has been submitted.

Evidence Lead by Prosecution

4. In order to prove its case, the prosecution has examined as many as three
witnesses i.e. P.W.-1 Head Constable Shri Ram Charan Pandey who proved
the chik report regarding Crime Nos.70, 72 & 73 of 1987 as Ext. Ka-1 to
Ext. Ka-4; P.W.-2 S.I., Shri Jitendra Prakash Sharma (the complainant) who
lodged the first information report and he, in his deposition, has proved
formal papers regarding first information report (Ext. Ka-10 to Ext. Ka-12)
and P.W.-3 the Investigation Officer, Inspector, Ved Prakash who proved the
charge-sheet and described the proceedings conducted during investigation.
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                               2


Finding Recorded by trial court

5. The learned trial court after hearing the arguments advanced by both the
parties and appreciating the evidence on record, returned the findings of
acquittal on the following grounds-

(i) The criminal cases forming the basis of gang-chart where only pending
cases and had not resulted in conviction;

(ii) On the prosecution witnesses where formal witnesses, they had no
personal knowledge about the alleged criminal activities of the accused
persons;

(iii) The prosecution witnesses admitted in their cross-examinations that no
member of the public had made any complaint regarding the accused person
forming gang or creating terror;

(iv) There was no evidence to establish that the accused persons acted as a
gang or indulged in anti-social activities as defined under the Uttar Pradesh
Gangsters and Anti-Social Activities (Prevention) Act, 1986.

6. Aggrieved by the judgment and order of acquittal, the State has preferred
the present appeal. During the pendency of the appeal which has remained
pending for about 38 years, respondent no.2, Ran Singh expired and the
appeal against him stands abated.

Point for determination

7. Whether the judgment of the learned trial court suffers from perversity or
illegality warranting interference by this Court.

Discussion and finding

8. Having heard learned A.G.A. and upon perusal of the record, this Court
finds no merit in the appeal. It is well settled that an order of acquittal
strengthens the presumption of innocence in favour of the accused and
unless the findings of the trial court are perverse or based on misreading of
evidence, interference is not warranted.

9. In the present case, the prosecution has failed to establish essential
ingredients of the offence under the Uttar Pradesh Gangsters and Anti-Social
Activities (Prevention) Act, 1986, mere pendency of criminal cases cannot
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                                    be treated as proof of involvement of the accused persons in an organized
                                    criminal activities.

                                    10. Further, all the witnesses examined by the prosecution are formal in
                                    nature; none of them has reposed from his personal knowledge about the
                                    alleged formation of gang or its activities. No independent witnesses from
                                    the public has been examined to show that the accused persons created terror
                                    or acted as a gang.

                                    11. The admission of prosecution's witnesses is that no complaint has been
                                    received from the public against the accused persons and that the accused
                                    persons have not been convicted in any of the cases relied upon, which
                                    further weakens the prosecution's case.

                                    12. The trial court has appreciated the evidence in proper and logical manner
                                    and has recorded a well-reasoned acquittal. No perversity or illegality has
                                    been pointed out so as to warrant interference by this Court.

                                    13. In view of the above, the Court finds that the prosecution has failed to
                                    prove its case beyond reasonable doubt and the acquittal recorded by the
                                    learned trial court does not call for any interference and as such the state
                                    appeal is liable to dismissed.

                                    14. Accordingly, the present appeal is dismissed. The judgment and order of
                                    acquittal of the accused respondents is hereby affirmed.

                                    15. Let a copy of this order along with trial court record, if received, be sent
                                    forthwith to the court concerned for the necessary compliance.

                                    April 22, 2026
                                    Pravesh Mishra
                                                                                 (Mrs. Vani Ranjan Agrawal,J.)




Digitally signed by :-
PRAVESH KUMAR MISHRA
High Court of Judicature at Allahabad