TABASSUM KHAN KAYYUM KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these appeals are filed by the original accused challenging the judgment and order passed by the Special court constituted under the MCOC Act 1999 and the appellant in both these appeals are convicted by the trial Court by judgment and order dated 15th and 17th January, 2002. Since both these appeals arise out of a common judgment, they are being disposed of by this judgment. The appellant in Criminal Appeal no. 198 of 2002 is original accused No. 1 and appellants in Criminal Appeal no. 281 of 2002 i. e. Ajit Gopal Chavan, Sunil Kumar Devaji bhedwale, Radheshyam Ramchandra Junwal, rajesh Premchand Katoch, Ramesh Ramnath shetty and Ajit Tukaram Sawant are the original accused nos. 2 to 7. All these appellants were convicted for having committed an offence u/s. 120-6 of the IPC r/w sec. 3 (2) and 2 (1) (a) of the MCOC Act 1999 and sentenced to suffer RI for five years and to pay fine in the sum of Rs. 5,00,000/- each and in default to suffer RI for 1 year and 3 months. They were also convicted for the offence u/s. 120-B r/w 307 of the IPC and section 3 (1) (ii) of the MCOC Act 1999 and sentenced to suffer RI for five years and to pay fine of Rs. 5,00,00/- each and in default to suffer RI for 1 year and 3 months. Appellant tabassum Khan original accused no. 1 was found guilty and convicted of the offence u/ s. 25 (1-A) r/w sec. 7 of the Arms Act and sentenced to suffer RI for five years. Accursed no. 7 was found guilty and convicted for the offence u/s. 3 (iv) of the MCOC Act and sentenced to suffer RI for seven years and to pay fine in the sum of Rs. 5,00,000/- and in default to suffer RI for one year and six months. Accused nos. 1 to 6 were acquitted for the offence punishable u/s. 3 (iv) of the mcoc Act 1999.

(2.) THE prosecution case is that the--original accused nos. 1 to 7 appellants herein along with absconding accused nos. 8 to 10 hatched a criminal conspiracy between July, 1999 and 10-11-1999, and conspired to commit organised crime and attempted to commit murder of the complainant Aziz Gulab malik with a revolver on 10-11-1999 at about 11. p. m. in front of a restaurant at Andheri (E)Mumbai. The prosecution case is that on 11-11-1999 at about 4. 00 a. m. information was received by the Andheri (E) Police station that a person by name Aziz Gulab Malik had sustained bullet injury on his back and was shot at by unknown persons. The injured Aziz gulab Malik gave the First Information Report at about 3. 00 a. m. and an FIR was registered. During the course of investigation, Shri. Naval driver took search of the residential premises of the accused no. l Tabassum Khan and recovered two fire arms loaded with live cartridges. The appellant was arrested after she surrendered to Judicial Custody on 23rd february, 2000. A proposal was made for prior approval u/s. 23 (1) (a) of the Maharashtra control of Organised Crime Act 1999 and the addl. Commissioner of Police granted approval by order dated 3rd April, 2000. The tape recorded conversation between the appellant Tabassum Khan and absconding accused Chhota Shakeel were heard and transcripted and the panchnama was drawn in respect of the audio cassette which contained the said conversation. The voice of absconding accused Chhota Shakeel was identified. Accused no. 2 was arrested by DCB in C. R. no. 102 of 1999. Sanction to prosecute the accused under the provisions of MCOC Act 1999 was granted by order dated 18-10-2000. Accused nos. 3 to 6 were arrested in transfer warrant in this case on 29-8-2000. The statement of accused no. 3 Sunil Bhedwale was recorded on 9-9-2000 in the presence of panchas. Charge-sheet was filed against the accused and charge was framed on 3rd April 2001. They pleaded not guilty to the said charge. Prosecution examined 44 witnesses. The trial court on the basis of the said evidence convicted the accused. The appellants have preferred this appeal against the said judgment and order.

(3.) IN the present case so far as original accused no. 1 is concerned, Tabassum khan, the evidence against her is in the form of tape recorded conversation and the recovery of two fire arms from her residence. The allegation against the appellant Tabassum khan is that she had paid certain amounts to taran Arora at the instance of the complainant pw no. 1 for purchasing a property. However, the said Taran Arora had sold the property to some other persons and had not returned the money. It was alleged by the prosecution that accused no. 1 Tabassum Khan contacted chhota Shakeel on phone and hatched a conspiracy to kill PW no. 1 Aziz Gulab Malik and as a result accused nos. 2 to 7 along with absconding accused nos. 8 to 10 attempted to commit murder of PW no. 1 on 10-11-1999.