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2019 Supreme(Bom) 1566

SUNIL B.SHUKRE, S.M.MODAK
Saurabh @ Dabba – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
R.M. Daga, Adv., Jaltare, Adv., S.S. Doifode, Adv., Avinash Gupta, Adv., Rakesh Tiwari, Adv., M.N. Ali, Adv.

JUDGMENT :

Sunil B. Shukre, J.

All these appeals are being disposed of by this common judgment as they arise out of the same judgment and order, which have been assailed in all these appeals, they constituting the common cause for these appellants to feel aggrieved in this case.

2. The judgment and order under challenge have been rendered in Special Criminal MCOC No.7/2013 on 23/05/2016 by the Special Judge designated under MCOC Act and Additional Sessions Judge-5, Nagpur. By this judgment and order, the appellants numbering five in total have been found guilty of the offences punishable under Sections 302, 143, 147 and 148 read with Section 149 of the Indian Penal Code ('IPC' for short) and innocent of the offences punishable under Sections 3(1)(i) and 3(4) of the Maharashtra Control of Organized Crime Act ('MCOC Act' for short) and also under Sections 4 and 25 of the Arms Act. For their such guilt, the Special Judge has awarded to these appellants, such punishments as imprisonment for life and fine of Rs.2,000/- with default sentence of one year for an offence punishable under Section 302 read with Section 149 of IPC for each of the appellants, rigorous imprisonment for three months

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