ORAL JUDGMENT :- This appeal by accused Nos. 2 and 3 takes exception to the Judgment and Order passed by the Special Judge under MCOCA Act, 1989 dated December 12th and 13th, 2000 in M.C.O.C. Special Case No.2 of 1999. The appellants along with one other accused Salim Mehmood Shaikh (Accused No. 1) were charge-sheeted and tried for offence punishable under section 307 read with section 120-B, Indian Penal Code and also under section 3 read with section 25, section 5 read with section 27 of the Arms Act and further under section 3(1)(ii), 3(2) and section 3(4) of the Maharashtra Control of Organised Crime Act, 1999. The incident in question had occurred on 19th March, 1999. Four Accused were involved in the commission of the offence. Ashphaq Ismail Khalpe (Accused No.4) however, died on 23rd March, 1999 in police encounter. The prosecution case was that all the accused indulged in unlawful activities as members of organised crime syndicate of Chhota Shakeel faction of Dawood Ibrahim Kaskar's organised crime syndicate/gang. It is alleged that in furtherance of criminal conspiracy hatched between the accused with the gang lords Chhota Shakeel as also Abu Salem Abdul Qayum Ansari, Accu

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