BILAL NAZKI, J.:- 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 RI, 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 RI 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:

4. That the accused persons were real brothers. They lived in a locality known as Shikalkari Vasti in Ramtekdi area at Hadapsar, Pune. Deceased Dashrath was the maternal uncle of P.W.2 Yogesh Pillaye. Yogesh Pillaye also resided in the same locality. The occurrence took place on 19th July, 1999, which was reported to police by the Complainant, the complaint being Exh.80. According to the complainant, being P.W.2, the complaint was filed with the Wanawadi Police Station. The deceased Dashrath was staying at Ghorpadigaon. He was visiting Ramtekdi of and on as his sisters were living in Ramtekdi area. Father ofP.W.2 had died early when P.W.2 and his brothers were minors at that time, so their maternal uncle Dashrath used to look after them and, therefore, he was off and on visiting them at their house at Ramtekdi. In the year 1993 the accused Diddisingh and his brothers had assaulted deceased Dashrath and the matter had been reported to the police and Diddisingh and his brothers were arrested. They were prosecuted and the case was pending against them before the J.M.F.C., Cantonment Court at Pune. When the case was fixed for hearing on 18th June, 1999. In the morning of that day the accused Diddisingh, Chandsingh and Jalindersingh approached Dashrath at the house of his sister Anjali and asked Dashrath to withdraw the case and threatened them that in case he failed to withdraw the case, they would kill him. The in