HAMIDALIASBHURYA YAKUBKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the Counsel for the applicant and learned additional Public Prosecutor for the State.

(2.) THE applicant was accused No. 2 in Special Case (M. C. O. C.) No. 2/ 2001. By the judgment dated 31st December, 2002, the applicant who is convicted by the Special Judge for the offences punishable under section 3 (l) (ii) and 3 (4) of the M. C. O. C. Act, 1999, was sentenced to suffer R. I. for six years and fine of Rs. 5 lacs, under each Section.

(3.) PERUSAL of the judgment, shows that three charge-sheets were filed against the applicant and they are described in para No. 224 of the impugned judgment wherein the chart has been given. The charge-sheets against the present applicant are at Serial Nos. 18, 21 and 22. The crime at Sr. No. 18 is of the year 1998 i. e. prior to coming into force of M. C. O. C. Act. The crime at sr. No. 21, relates to an offence in the year 2001 under section 326 r/w 34 of i. P. C. and the crime at Sr. No. 22 relates to an offence of the year 1999 under sections 448, 324, 427 r/w 34 of I. P. C. P. W. 2 (confidential witness) who is brother-in-law of the applicant has been examined in order to prove the offence under section 448, 324, 427 r/w 34 of I. P. C. against the applicant. In connection with the offence 326 r/w 34 of I. P. C. , only the charge-sheet is produced. The evidence of the brother-in-law of the applicant is discussed by the trial Court in para Nos. 156 to 164 of the judgment.