SARANG V. KOTWAL, J.

1. All these Appeals are preferred by various accused in MCOCA Special Case No.01 of 2006 on the file of the learned Special Judge, at Pune. The Criminal Appeal No.243/13 is preferred by the original accused Nos.5 and 6. The Criminal Appeal No.244/13 is preferred by the accused Nos.2, 10 and 11 and however, subsequently the accused No.2 wanted his Appeal to be heard separately and therefore on his behalf, separate Appeal memo was filed and the Criminal Appeal on his behalf was numbered as Criminal Appeal No.871/18. The Criminal Appeal No.20/13 is preferred by the original accused No.4. Since all these Appeals arise out of same set of facts and since in all these Appeals, the same judgment of the trial Court is challenged, all these Appeals are disposed of by this common judgment. For the sake of convenience all the Appellants in these different Appeals are referred hereinafter by their status as the accused in the MCOCA Special Case No.1 of 2006.

2. To further clarify, the names of the accused before the trial Court are as under;

Accused No.1 - Mohammed Ali Abbas Ali

Accused No.2 - Prasad Jagannath Shetty

Accused No.3 - Jagmalsing Bhuraram Choudhary

Accused No.4 - Chhotu @ Arvind Vitthalbhai Choudhary @ Patel

Accused No.5 - Bhikubhai Dayaram Thanki

Accused No.6 - Jitendra Shantilal Modha

Accused No.7 - Samad Boga Gadhvi @ Kariya

Accused No.8 - Ajay Parvat Gadhvi

Accused No.9 - Dinesh Karsanbhai Tukadia

Accused No.10 - Chhotu Ghisaiwala @ Ravitsing Savindersing Bhadoriya @ Rajput

Accused No.11 - Nitin Shantilal Modha

3. Originally there were 11 accused before the learned Special Judge, Pune, designated under Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as MCOCA). At the conclusion of the trial, all the Appellants were convicted and rest of the accused were acquitted. The Appellants/Accused were convicted and sentenced as under;

(1) Accused Nos.2, 4, 5, 6, 10 and 11 were convicted for commission of offence punishable u/s 120B of IPC and were sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/each and in default of payment of fine to undergo further rigorous imprisonment for six months.

(2) Accused Nos.2, 4, 5, 6, 10 and 11 were convicted for commission of offence punishable u/s 364A r/w 120B of IPC and were sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/each and in default of payment of fine to undergo further rigorous imprisonment for six months.

(3) Accused Nos.2, 4, 5, 6, 10 and 11 were convicted for commission of offence punishable u/s 344 r/w 109 of IPC and were sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/each and in default of payment of fine to suffer further rigorous imprisonment for three months.

(4) Accused Nos.2, 10 and 11 were convicted for commission of offence punishable u/s 302 IPC and were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/each and in default of payment of fine to suffer further rigorous imprisonment for six months.

(5) Accused Nos.2, 10 and 11 were convicted for commission of offence punishable u/s 201 r/w 120B of IPC and were sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.2,000/each and in default of payment of fine to suffer further rigorous imprisonment for six months.

(6) Accused No.11 was convicted for commission of offence punishable u/s 392 of IPC and was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000/and in default of payment of fine to suffer further rigorous imprisonment for six months.

(7) Accused No.11 was further convicted for commission of offence punishable u/s 404 of IPC and was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.2,000/and in default of payment of fine to suffer further rigorous imprisonment for six months.

(8) Accused Nos.2, 4, 5, 6, 10 and 11 were convicted for commission of offence punishable u/s 3(2) of