AMARSINGH KISANSINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants were tried by the Special Judge, Nagpur, constituted under M. C. O. C. Act, 1999, in Special Case No. 2/2001 for offence punishable under section3 (1) (ii) as well as section3 (4) of M. C. O. C. Act, 1999.

(2.) The charge contained imputations namely that, the accused were during the period of 10 years preceding 25-6-2001, named as accused in various offences, each amongst those was punishable with sentence for a period more than 3 years. THE charge-sheet narrates 17 cases against accused Nos. 1, 11 cases against Nos. 2 and 12 cases against accused No.3. THE charge-sheet also consists of 2 preventive measure cases under Section110 (e) & (g) of Cr. P. C. against all the 3 accused persons, initiated first by Sonegaon Police Station and another by Dhantoli Police Station under 2 different Istegasha, each relating to one of the chapter cases, and accused have been ordered to execute bond for maintaining peace and order. THEse two chapter cases are relied upon as additional circumstance.

(3.) After hearing the learned advocate for the accused persons on the point of sentence, the learned Special Judge ordered different sentences as follows : - for O/u S. 3 (1) (ii)for O/u S. 3 (4) Accused No. 1 -R. I. for 10 years; r. I. for 7 years Accused No. 2 -R. I. for 10 years; r. I. for 7 years Accused No. 3 -R. I. for 10 years; r. I. for 7 years