SHAKIR NASIR PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these Appeals are decided by this common Judgment because they arise out of the same impugned Judgment and order of conviction and sentence. The impugned Judgment and order is passed by the Special Judge under MCOCA, Nashik, in Special Case No.5 of 2016. The Appellant Ganesh Suresh Wagh @ Ganya Kavlya in Criminal Appeal No.119 of 2022 was the original accused No.1. The Appellant Mukesh Dalpatsingh Rajput in Criminal Appeal No.917 of 2021 was the original Accused No.4 and the Appellant Shakir Nasir Pathan @ Motha Pathan in Criminal Appeal No.111 of 2022 was the original Accused No.5. For the sake of convenience, the Appellants are referred to by their names, in the following discussion. There were in all six accused. The Appellants were convicted and sentenced as follows:

(2.) Heard Mr. Tuushar Sonawane, learned counsel for the Appellant in Appeal No.111 of 2022, Mr. Ganesh Gole, learned counsel for the Appellant in Criminal Appeal No.917 of 2021, Mr. Aniket Nikam, learned counsel for the Appellant in Criminal Appeal No.119 of 2022 and Smt. M. R. Tidke, learned APP for the State/Respondent.

(3.) The prosecution case is that, all the accused were members of an organised crime syndicate led by the Appellant Ganesh. The incident, leading to this prosecution, had occurred on 31/5/2016 at about 3:30p.m. outside a wine shop. The Appellants and others approached the victim Shubham Bhavsar outside that wine shop. The Appellant Shakir showed him a pistol. He put it on the left side of the victim Shubham's head and threatened him. The other Appellants Ganesh and Mukesh assaulted him with iron rods. The other accused Saidya Shaikh assaulted him with a sword. He sustained injuries. They removed Rs.7300.00 from him. They threatened him. It is alleged that the accused were knowing that, Shubham's father had sold his property and therefore, some money was available with Shubham. The accused demanded that money. The people gathered at the spot, therefore, the accused left. The victim Shubham went to the hospital, took treatment and then lodged his F.I.R. The investigation was carried out. During investigation it was revealed that the said offence was committed as a continuing unlawful activity by an organised crime syndicate. Therefore, prior approval U/s.23(1) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as 'MCOCA') for investigating the crime under the provisions of the MCOCA was obtained. The designated officer carried out the investigation and filed the charge-sheet against the accused. There were more than 20 offences against the crime syndicate. All of them were punishable with three years or more punishment. Cognizance of those offences was taken by the competent Courts, and therefore, the provisions of the MCOCA were applied. The charge-sheet was filed, the sanction U/s.23(2) of the MCOCA was obtained and all the accused faced the trial before the Special Court.