LAXMAN BABURAO GADHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal from conviction. The appellant herein has been convicted for the offences punishable under Ss. 341, 395 of the Indian Penal Code (for short 'IPC') and under Ss. 3(1)(ii), (2) and (4) of the Maharashtra Control of Organized Crime Act, 1999 (for short 'MCOC Act') and therefore sentenced to suffer simple imprisonment for one month and to pay fine of Rs.500.00 (Rupees Five Hundred), in default, to suffer simple imprisonment for ten days for the offence punishable under Sec. 341 of IPC, to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000.00 (Rupees Ten Thousand), in default, to suffer rigorous imprisonment for one year for the offence punishable under Sec. 395 of IPC and further sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,00,000.00 (Rupees Five Lakh), in default, to suffer rigorous imprisonment for three years each for offences punishable under Ss. 3(1)(ii), 3(2) and 3(4) of the MCOC Act respectively by the Special Judge, Aurangabad vide judgment and order dtd. 12/11/2018 in Special Case (MCOC Act) No.2/2014.

(2.) The facts giving rise to the present appeal are as under: The appellant and seven others were charged and prosecuted for the offences punishable under Ss. 341, 395 of the IPC and under Ss. 3(1)(ii), (2) and (4) of the MCOC Act. The appellant herein was accused No.1 in Special Case (MCOC) Act No.2 of 2014. The learned Special Judge, Aurangabad appointed for trial of offences under MCOC, acquitted the original accused Nos.2 to 6. The appellant came to be convicted for the offences as stated herein above. Accused No.8 was convicted of the offences punishable under Sec. 395 of the IPC. Whether he has preferred any appeal or not is not known.

(3.) The First Information Report (FIR) was lodged by Laxman (PW1). It was his case that he was serving as Driver on a truck belonging to one Shaikh Rafiq Shaikh Mahemood. On 7/2/2013, he started with the truck, laden with steel rods (building material) from Jalna to Manchar, district Pune. One Rushikesh was with him as a Cleaner. Both of them took meals at one roadside Dhaba. After some time they took tea at village Pachod. It was about 10.30 p.m., they passed the village Dawarwadi, by that time, one white jeep overtook the truck and went ahead. Thereafter, six persons on two motorbikes, came from behind. They too overtook the truck and intercepted its way. Two of the six climbed the cabin of the truck from either side i.e. from cleaner and driver side. They made both PW1 Laxman and Rushikesh to get down of the truck. Those two took both of them to the roadside agricultural field. Others decamped with the truck. Those two detained both PW1 Laxman and Rushikesh for long. They robbed them of a sum of Rs.800.00 cash and a cell phone. The truck was ladened with building material, namely steel worth Rs.6,40,000.00. Both the culprits went away at the daybreak. PW1 Laxman and Rushikesh, thereafter, went to a nearby locality with a view to contact their Master/employer on cell phone. On the instructions of their employer, Laxman went to the police station Paithan and lodged the report/FIR (Exh.68). Crime for the offence punishable under Sec. 395 came to be registered vide C.R. No.32 of 2013. During the investigation, the involvement of the appellant and seven others found in the alleged offence. They came to be arrested. The cell phone came to be seized from one of them. The truck was found abandoned in an open place of village Adgaon, Tq. Yeola. During the investigation, it was found that the appellant was operating organised crime syndicate. The offence was committed by him and the others as members of organised crimes syndicate. Over 15 charge-sheets were found to have been filed against him during the period of ten years next before registration of the FIR (Exh.68).