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2022 Supreme(Bom) 2106

ROHIT B. DEO, ANIL L. PANSARE
Mahesh Kariman Tirki – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Mr. Pradeep Mandhyan with Mr. Barunkumar and Mr. H.P. Lingayat, Counsel., for the appellants in Criminal Appeal 136/2017; Mr. Subodh Dharmadhikari, Senior Counsel assisted by Mr. N.B. Rathod, Counsel, for the appellant in Criminal Appeal 137/2017; Mr. Siddharth Dave, Special Public Prosecutor-Senior Counsel and Mr. H.S. Chitaley, Assistant Special Public Prosecutor, for the respondent/State

JUDGMENT

Rohit. B. Deo, J. - Criminal Appeal 136/2017 and Criminal Appeal 137/2017 emanate from the common judgment dated 07-3-2017 rendered by the learned Sessions Judge, Gadchiroli, whereby the appellants are convicted for offences punishable under Sections 13 , 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 ( UAPA ) read with Section 120-B of the INDIAN PENAL CODE (IPC) as set out infra.

Table

2. CASE OF THE PROSECUTION :

    (i) Assistant Police Inspector (API)-Atul Shantaram Awhad (PW 6), who was then attached to the Special Branch, Gadchiroli, received secret information that accused 1-Mahesh Tirki and accused 2- Pandu Narote were active members of the banned terrorist organisation CPI (Maoist) and its frontal organisation Revolutionary Democratic Front (RDF), and were abetting and assisting the hardcore underground cadre of the CPI (Maoist) by providing information and material and facilitating the travel and relocation of the members from one location to the other. API-Atul Awhad and his squad were keeping accused 1- Mahesh Tirki and accused 2-Pandu Narote under surveillance, in the naxal affected areas of Etapalli, Aheri and Murewada.

    (ii) API-Atul Awhad and hi

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