IMRAN MEHANDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Through this appeal, the appellant-original accused no.1 has challenged the judgment and order dated 23.3.2004 passed by the learned Special Judge under MCOCA Act in MCOCA Spl.Case No.10A of 2000 and Spl.Case No.13 of 2002. By the said judgment and order, the appellant has been convicted in both the Special Cases under the MCOC Act as well as under IPC and Arms Act. The learned Special Judge directed the substantive sentences of imprisonment to run concurrently in both cases. The appellant has undergone 7 years R.I.

(2.) The present appellant is original accused no.1 in both the Special Cases. Five accused faced trial in both the cases. All of them challenged the judgment and order. The original accused nos.2 to 5 who were convicted in Special Case No.10A of 2000 preferred Criminal Appeal No. 834 of 2001. In Special Case No. 13 of 2002, original accused no.2 came to be acquitted and original accused nos. 3 to 5 came to be convicted. The convicted accused preferred Appeal Nos. 1220 and 1221 of 2002. Criminal Appeal Nos.1220 of 2002 and 1221 of 2002 came to be decided by this Court by judgment and order dated 25.8.2006. In the said case, the Court after considering the entire evidence on record, came to conclusion that the provisions of M.C.O.C. Act were not attracted and upheld the conviction of original accused nos.3 to 5 only under Section 120-B of IPC and Section 353 read with Section 120-B and sentenced them to suffer rigorous imprisonment for two years for the respective offences and to pay a fine of Rs.25,000/- (Rs. twenty five thousand only) on each count. In default of payment of fine to suffer further rigorous imprisonment of three months by each of them. Substantive sentences for the respective offences to run concurrently.

(3.) In Criminal Appeal No.834 of 2001, this Court after considering the entire evidence on record by order dated 2nd September, 2004 set aside the conviction under M.C.O.C.Act and only the conviction of all the appellants under Section 25 (1-B) (a) read with 3 of the Arms Act, was maintained. So also the sentence of three years with fine of Rs.3000/- in default R.I. for six months imposed upon them for the said offences, was maintained.