DIDDISINGH AJITSINGH KALYANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Special Case No.1 of 2000 was tried by the Sessions Judge, Pune, who was also a Special Judge for the Maharashtra Control of Organized Crimes Act. Seven accused persons faced trial for the offences under Sections 143, 147, 148, 302, 324 read with Sections 149 and 34 of the Indian Penal Code. They also faced trial for the offences punishable under Section 4 of the Arms Act and Sections 3 (1)(i), 3(5) and 3(2) of the Maharashtra Control of Organised Crimes Act. By his judgment and order dated 30th April, 2002 of the learned Sessions Judge, all of them were convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.2,000/- each. They were also convicted for the offences punishable under Sections 143, 147 and 148 of the Indian Penal Code and sentenced to suffer R.I. for one year and fine of Rs.200/- each. They were also convicted for the offence punishable under Section 4 read with Section 25 of the Indian Arms Act and sentenced to suffer R.I. for one year and to pay fine of Rs.200/- each. Accused No.1 was also convicted for the offence punishable under Section 324 of the Indian Penal Code and sentenced to R. I. for six months and to pay fine of Rs.200/-. Accused Nos.2 to 7 were acquitted of the offence under Sections 324 read with Section 149 of the Indian Penal Code. All the accused were acquitted of the offence under Sections 3(1)(i), 3(2) and 3(5) of the Maharashtra Control of Organised Crimes Act, 1999. The substantive sentence were to run concurrently.

(2.) The accused persons have filed the appeal being Appeal No. 655 of 2002 against conviction and sentence. While the State has filed appeal being Appeal No. 892 of 2002 against acquittal of the accused persons under the provisions of the Maharashtra Control of Organised Crime Act, 1999. Both the appeals are from the same judgment and order. Therefore, both the appeals are heard together and they are being disposed of together.

(3.) At the outset, it is pointed out that all the accused persons are brothers and two of them have already died during the pendency of these appeals and they are appellant Nos.1 and 5 in Appeal No. 655 of 2002. As such, both the appeals, in so far as appellant Nos.1 and 5 are concerned, stand abated. The occurrence on the basis of which the accused went to trial has resulted in two deaths and also injury to one of the witnesses i.e P.W.2. The facts relating to this case, on the basis of which the prosecution filed the charge sheet, can be summarised thus: