GANESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 22/12/2016 passed by the Special Judge under MCOC Act, 1999 in MCOC Special Case No.6 of 2012. The Appellant was convicted for commission of offence punishable u/s 307 of the Indian Penal Code and was sentenced to suffer rigorous Nesarikar imprisonment for 10 years and to pay a fine of Rs.10,000.00 and in default to suffer simple imprisonment for one year. The Appellant was acquitted from the charges of commission of offence punishable u/s 387, 323, 365, 504 (ii) and 506(ii) r/w 34 of the Indian Penal Code and also from the charges u/s 3 r/w 25 of the Arms Act and u/s 3(1)(ii), 3(2) and 3(4) of Maharashtra Control of Organized Crime Act, 1999.

(2.) The Appellant was granted set off u/s 428 of Cr.P.C. Besides the Appellant, there was one more accused Bajrang @ Ganesh @ Takya Ganya Dhondiram Nichite, who was accused No.2 in this case. He was acquitted from all these charges.

(3.) Heard Ms. Saili Dhuru, learned counsel for the Appellant and Mr. P. H. Gaikwad, learned APP for the State.