NAVINCHANDRA KULKAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are directed against the conviction of the appellants, for the offences punishable under Sections 397, 458, 342 read with section 34 of the Indian Penal Code with Section 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as, "M.C.O.C. Act"). They have been sentenced by the learned Special Judge under M.C.O.C. Act, at Mumbai, on conclusion of trial of MCOC Special Case No. 16 of 2005 before him, to suffer rigorous imprisonment for 8 years with fine of Rs. 5,00,000/- or in default rigorous imprisonment for one year for offence under Section 397 of Indian Penal Code read with Section 3(1)(ii) of the M.C.O.C. Act; rigorous imprisonment for five years with fine of Rs. 5,00,000/- or in default imprisonment for one year, on each of the two counts, for the offences under Section 3(2) and 3(4) of the M.C.O.C. Act; rigorous imprisonment for 7 years with fine of Rs. 5,000/- or in default imprisonment for six months for the offence punishable under Section 458 r/w Section 34 of the Indian Penal Code; and rigorous imprisonment for one year with fine of Rs. 500/- or in default imprisonment for one month for offence punishable under Section 342 read with Section 34 of the Indian Penal Code. Facts which are material for deciding these appeals are as under:-

(2.) In the course of investigation, Investigating Officer came to know of four appellants' complicity in similar offences in the past and, therefore, collected copies of previous chargesheets. On the basis of material collected, a proposal to apply provisions of MCOCA was made and on receipt of approval on 28th April, 2005, Assistant Commissioner of Police took over investigation. After completion of investigation, officer obtained requisite sanction from the Commissioner of Police, for prosecuting the appellants under the provisions of M.C.O.C. Act and then sent chargesheet to the Special Court.

(3.) The learned Judge of the Special Court for trial of cases under M.C.O.C. Act, charged the appellants of offences punishable under Sections 395, 397 of the Indian Penal Code read with section 3(1)(ii) & 3(2), 3(4) of the M.C.O.C. Act, Sections 458 and 342 read with section 34 of the Indian Penal Code; and also Section 37(1)(a) read with Section 135 of the Bombay Police Act. The appellants pleaded not guilty. They were put on trial at which the prosecution examined in all 26 witnesses in its attempt to bring home the guilt of the appellants.