DILIP KISHOR BAWISKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are arising out of Judgment and Order dated 8th September 2005 delivered by the Special Judge under the MCOC Act, Pune in MCOCA Case No.3 of 2006. The appellants in Appeal No.171 of 2012 were convicted for the offence punishable under section 364-A read with section 120-B of the Indian Penal Code and they were sentenced to suffer life imprisonment and directed to pay fine of Rs.1000/- each, in default they were directed to undergo rigorous imprisonment for one month. The appellants were also convicted for the offence punishable under section 3(25) of Arms Act and were sentenced to suffer RI for one year each and to pay fine of Rs.500/- each and in default they were directed to suffer RI for 15 days each. The appellants were acquitted of the offence punishable under sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act,1999 (for short "MCOC Act").

(2.) Being aggrieved by the acquittal of the appellants of the offences punishable under sections 3(1)(ii), 3(2) and 3(4) of the MCOC Act, appellant-State of Maharashtra has preferred Appeal No.496 of 2014. The brief facts giving rise to both the appeals are as under:

(3.) Victim Mohan Krishnarao Gunjal (P.W.No.4) was residing at Panchavati, Pashan, Pune along with his wife Vandana (the informant) and daughter Priya (P.W.No.2). Mohan Gunjal was carrying on business of construction of dams. He retired from his business. He had three cars viz.Mercedes, Lancer and Maruti Zen. Mr.Bhimrao Lone (P.W.No.5) was working as a driver with Mohan Gunjal since last 7 years of the date of incident. Mohan Gunjal had a weak eyesight. He used to visit Panshop at Kamla Nehru Park, Pune at 7.30 p.m. everyday in his Mercedes car with Bhimrao.