SHABBIR MOHAMMED HUSSAIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Appeals can be disposed of by common judgment, as all these Appeals arise out of same criminal case being M. C. O. C. Special Case No. 9 of 2001 decided by the court of Special Court constituted under Maharashtra Control of Organised crime Act, 1999 (hereinafter referred to as 'mcoca') at Greater Mumbai. These Appeals are filed by accused Nos. 3 to 5 respectively, questioning the correctness of the Judgment and Order passed by the Special Judge under MCOCA, Greater mumbai dated July 22, 2002 in m. C. O. C. Special Case No. 9 of 2001.

(2.) The appellants were charge-sheeted and tried for offence punishable under sections 120-B of the Indian Penal Code (hereinafter referred to as 'ipc') , 3 (1) (ii) and 3 (2) of MCOCA read with section 307 of the Indian Penal Code, further read with section 120-B of the Indian penal Code and section 353 read with section 34 of the Indian Penal Code. The accused Nos. 1 and 2 who were the police Officers named in the commission of the crime were additionally charged with offence under section 222 read with section 120-B of the Indian Penal Code and also under section 225 read with section 34 of the Indian Penal Code. It is not necessary to advert to the factual matrix of the case in extenso, as the issue involved in these Appeals can be answered by straightaway referring to the charge as framed against the accused persons by the trial Court, which reads thus

(3.) The trial Court on analysing the evidence of the prosecution witnesses and the documentary evidence, passed the following order :