SUDESH MANIKEN NAIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/original accused Nos. 1, 2, 3, 4, 5 and 6, who stand convicted for offence punishable under Sections 364A read with Section 34, 395 and 397, 387 read with Section 34, 342 read with Section 34 of the IPC and 3(1)(ii), 3(2), 3(4) of the MCOC Act and sentenced to imprisonment for life and to each pay fine of Rs. 1,000/-, in default of which to undergo imprisonment for three months, RI for seven years and each to pay a fine of Rs. 1,000/-, in default of which to undergo RI for three months on each count, imprisonment for five years and to each pay fine of Rs. 1000/- in default of which to undergo imprisonment for three months, imprisonment for one year and imprisonment for ten years and to each pay a fine of Rs. 5,00,000/-, in default to undergo further imprisonment for three years, by the Special Judge (M.C.O.C. Act), Thane, by judgment dated 20/10/2005 in M.C.O.C. Special Case No. 3 of 2002, by these appeals question the correctness of their conviction and sentence. Facts in brief as are necessary for the decision of these appeals may briefly be stated thus:-

(2.) PW 43 - PSI Dayaneshwar Baburao Tambe, who, in May 2001, was attached to the L.C.B., Thane, Rural, was entrusted with the investigation of Crime No. 87 of 2001 registered at the Murbad Police Station. On 30/7/2001, the investigation was entrusted to him. The printout of the mobile phone numbers mentioned in the report of PW 1 - Yatin was obtained. Statement of one Nilesh Shelar was recorded. Printout of the call details of the mobile phone of Nilesh was obtained. ON 2/8/2001, accused No. 2 - Sudesh Nair was arrested at Airoli under arrest panchnama at Exh. 84. On 3/8/2001 at about 1.30 a.m. accused No. 3 - Pramod Jadhav was arrested at Kapurbavdi under arrest panchnama at Exh. 85. During custodial interrogation, on 4/8/2001, accused - Sudesh Nair expressed his willingness to point out the place where the currency notes and other articles like fan, television were kept. He had also expressed his willingness to point out the place where a gold chain had been concealed. Accordingly, a memorandum was drawn in the presence of panchas at Exh. 80A. The accused led the police and the panchas to his room in a village and produced cash of Rs. 25,000/- and a gold chain from a bag. The accused also pointed out the television set and a fan which were seized under seizure memo at Exh. 80B. On the same day, during custodial interrogation, accused - Pramod expressed his willingness to point out the place where a television set, gold chain and earrings which had been concealed as well as currency notes of Rs. 14000/-. The accused also expressed his willingness to point out the place where a bracelet and a gold ring had been concealed. Accordingly, memorandum at Exh. 81A was drawn in the presence of panchas. Accused led the police and the pancahs to his room and pointed out the television set and produced the gold ornaments and the currency notes, which had been kept in a utensil in the house. He had also produced receipts of purchase of the gold ornaments and the television set, which were seized under seizure memo at Exh. 81B. On 5/8/2001, accused No. 4 - Santosh was arrested at Badlapur under arrest panchnama at Exh. 86. During custodial interrogation, he expressed his willingness to produce the gold ornaments and accordingly a memorandum was drawn in the presence of panchas at Exh. 90A. The accused led the police and the panchas and produced the gold ornaments, which were seized under seizure memo at Exh. 90B.

(3.) PW 53 - SDPO Shri Gavrane, who was entrusted with the investigation of Crime No. 87 of 2001, registered by the Murbad Police Station, on application of the provisions of MCOC Act, received the papers from PSI Tambe regarding the earlier investigation which had been carried out. He recorded the supplementary statement of witnesses. On 8/10/2003 accused - Tanaji was arrested. API Pawar was directed to arrest accused - Prakash Goswami, but it was revealed that he had killed in an police encounter. Statements of Pandurang Bhoir and Duda Kini were recorded by PSI Jadhav under his direction. On 9/11/2001 and 16/11/2001 letters were addressed to the Tahsildar, Murbad for conducting the Test Identification Parade of accused No. 4 - Santosh, accused No. 5 - Chandrakant, accused - Avinash, accused No. 2 - Sudesh, accused No. 3 - Pramod and accused No. 6 - Sharad. The said letters are at Exhs. 163, 166 and 170. The memorandum of T.I. Parade on its receipt from the Executive Magistrate was included in the papers of the investigation. On 31/12/2002 revolver and the cartridges were sent to the Ballistic Expert and the report was received on 24/5/2002. On 11/1/2002 accused No. 1 - Sanjay Mohite was arrested. Further to the completion of investigation, the papers were forwarded to the Additional Director General of Police, through the Superintendent of Police and the Special Inspector General of Police for obtaining sanction for prosecution under the MCOC Act. Sanction at Exh. 182 was received and thereafter a charge-sheet was filed in the court on 25/1/2002. Supplementary charge-sheet was filed against accused No. 1 - Sanjay on 24/12/2002. The record of the cases pending against the accused in various courts was collected and the same is at Exh. 216.