SAJI AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appeal has been filed by the appellants against the judgment and order passed by the learned Special Judge under MCOC Act on 29.10.2007. The appellants have been convicted for the offences punishable under Sections 120B, 387 r/w. 34, 452 r/w 34, 506 (Part II) r/w. 34 of IPC. The appellants were original accused Nos. 1, 2, 3 and 6 in MCOC Special Case No. 20 of 2005. The appellants along with three other accused i.e. accused Nos. 4, 5 and 7 were facing trial for the offences punishable under Section 120B of IPC and various Sections under the MCOC Act and Arms Act, in addition to the offences punishable under Sections 452 r/w 34, 387 r/w 34 and 506(Part II) r/w 34 of IPC. The appellants and other accused have been acquitted of the offences punishable under the MCOC Act. They are also acquitted of the offence punishable under the Arms Act and accused No. 5 was acquitted of all the offences. Accused Nos. 4 and 7 were convicted along with appellants for the above stated offences punishable under Sections 120B, 387 r/w. 34, 452 r/w 34, 506 (Part II) r/w. 34 of IPC.

(2.) The allegations against the appellants and other accused were that they had committed extortion by demanding money from the complainant and his wife and while committing said offence of extortion, they had put the complainant and his wife in fear of death or grievous hurt. It was further alleged that the appellants had committed criminal trespass in the house of the complainant. In addition to this it was also alleged that the appellant had committed an offence of criminal intimidation by extending threats to the complainant and his wife.

(3.) After framing of charge, the respondent had examined in all twenty witnesses in support of its case. Since the appellants and other accused have been acquitted of the offences punishable under the MCOC Act and the Arms Act, it is not necessary to discuss the evidence pertaining to those offences in the present judgment. The charges for which the appellants have been convicted are mainly based on the evidence of PW-1 Ramdas Shirke (the complainant), PW-3 Rekha Shirke (wife of the complainant) and PW-19 Mr. Nitin Alaknure (Investigating Officer).