SURAJ PURAN BAHADUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant (Orig. accused No. 1) has preferred this appeal against the judgment and order dated 7/02/2009 passed by Learned Special Judge (Under the M.C.O.C. Act, 1999), Greater Bombay, in MCOC Special Case Nos. 4 of 2008 and MCOC Special Case No. 4-A of 2008. By said judgment and order the learned Spl. Judge convicted the appellant u/s. 452 of the Indian Penal Code and sentenced to suffer RI for three years and to pay fine of Rs. 5000/-, in default to suffer RI for one year. The appellant was convicted u/s. 326 of I.P.C. and sentenced to suffer RI for ten years and fine of Rs. 10,000/- in default to suffer SI for two years. The appellant also convicted u/s. 506(ii) of the IPC and sentenced to suffer RI for three years and fine of Rs. 5000/-, in default to suffer SI for six months. The appellant was also convicted u/s. 3(1)(ii) of the Maharashtra Control of Organized Crime Act, 1999 and sentenced to suffer RI for ten years and fine of Rs. 5,00,000/-, in default further RI for three years. The appellant was also convicted u/s. 3(4) of the Maharashtra Control of Organized Crime Act, 1999 and sentenced to suffer RI for ten years and fine of Rs. 5,00,000/-, in default further RI for three years. The appellant/accused No. 1 was also convicted u/s. 3 r.w. Section 25, 27 of the Indian Arms Act and sentenced to suffer RI for three years and pay fine of Rs. 1000/-, in default to suffer SI for three months. Being aggrieved by the judgment and order the appellant has preferred this appeal on various grounds as set out in the memo of appeal.

(2.) We have heard Mr. Najmi, learned counsel for the appellant and Smt. Bhonsale, the learned APP for the State. We have carefully perused the judgment and order passed by the learned Special Judge as well as oral and documentary evidence adduced before the trial court.

(3.) In order to prove its case, the prosecution has examined 33 witnesses. On due consideration of the evidence on record, the learned Spl. Judge has found the appellant guilty of offences u/s. 326, 452, 506(2) of IPC, Section 3(1)(ii) and 3(4) of the MCOC Act and Section 3 r/w 25, 27 of the Indian Arms Act.