ARIF RIYAZ GHODESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal filed under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOCA). The Appellant is one of the accused persons against whom offences have been registered as per FIR No. 80 of 2017, whereby offences under Sections 302,143, 144, 147, 148, 149 of the Indian Penal Code as also Section 4 of the Arms Act and Sections 3(1)(i) (ii), 3(2), 3(4) of the MCOCA have been registered, apart from offences under the Bombay Police Act.

(2.) The incident leading to registration of FIR occurred on 31.03.2017. It is alleged that the Appellant and other accused persons assaulted the victim by means of swords, sickles and choppers, thereby causing extensive injuries on the body of the victim. The assault led to death of the victim. Post-mortem report records as many as 19 injuries on the body of the victim, including severe injuries on vital parts of the body like head and neck. The cause of death is recorded as hemorrhage and shock due to chop injuries.

(3.) The statement leading to registration of FIR was given by one of the associates of victim who was present at the time of incident, but he escaped the assault carried out by the accused persons. The Appellant and other accused persons were arrested. The Appellant has been in custody since 04.04.2017.