BANNASINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsels appearing for the convicted appellants/accused, additional public prosecutor for the State, and learned counsels appearing for the victim. Perused the entire record, written notes of argument, as well as both impugned judgments. Carefully considered rival submissions and position of law.

(2.) Unpredicted Incident of attempted robbery and murder dtd. 6/10/2012, gave rise to multiple appeals. Initially, in all five accused were tried in Special Cri. Case No. 4/2013 for the offence punishable under Ss. 395, 397, 398, 307, 302, Sec. 120-B read with Sec. 34 of the Indian Penal Code, Ss. 3 and 4 read with Sec. 25 of the Arms Act, and Ss. 3(1)(i), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 ('MCOC Act'). One of the miscreant namely Darasingh @ Dharasingh @ Satwantsingh s/o Vakilsingh Bawari @ Sikalkari went absconding. On his apprehension he was tried separately in Special MCOC Case No. 1/2015 for the same charge. Precisely, both sides expressed their dissatisfaction to the separate judgments delivered by the Trial Court which gave raise to seven appeals.

(3.) Special Cri. Case No. 4/2013 was tried against five accused namely Accused No.1 Bannasingh @ Rupsingh s/o Attarsingh @ Navnihalsingh @ Doulatsingh Bawri, Accused No.2 Darasingh s/o Mirsingh Bawri, Accused No. 3 Lakhansingh s/o. Mirsingh Bawri, Accused No. 4 Pankajsingh s/o Kalusingh Dudhani and Accused No. 5 Julfisingh @ Surajsingh @ Bambai s/o. Attarsingh @ Navnihalsingh @ Daulatsingh Bawri. After appreciating the evidence, the Trial Court held Accused No. 1 Bannasingh @ Rupsingh s/o Attarsingh @ Navnihalsingh @ Doulatsingh Bawri guilty for the offence punishable under Ss. 302, 324, 398 read with Sec. 34 of the Indian Penal Code, Sec. 4 read with Sec. 25 of the Arms Act, and Sec. 120-B of the Indian Penal Code. Accused No. 5 Julfisingh @ Surajsingh @ Bambai s/o. Attarsingh @ Navnihalsingh @ Daulatsingh was convicted for the offence punishable under Ss. 302, 398 read with Sec. 34 of the Indian Penal Code, Sec. 3 read with Sec. 25 of the Arms Act, and Sec. 120-B of the Indian Penal Code. Accused No. 4 Pankajsingh s/o Kalusingh Dudhani was convicted for the offence punishable under Ss. 393, 120-B of the Indian Penal Code. However, Accused No. 2 Darasingh s/o Mirsingh Bawri and Accused No. 3 Lakhansingh s/o. Mirsingh Bawri were acquitted from all the charges.