JUDGMENT :

VINAY JOSHI, J.

Heard learned counsels appearing for the convicted appellants/accused, additional public prosecutor for the State, and learned counsels appearing for the victim. Perused the entire record, written notes of argument, as well as both impugned judgments. Carefully considered rival submissions and position of law.

2. Unpredicted Incident of attempted robbery and murder dated 06.10.2012, gave rise to multiple appeals. Initially, in all five accused were tried in Special Cri. Case No. 4/2013 for the offence punishable under Sections 395, 397, 398, 307, 302, Section 120-B read with Section 34 of the Indian Penal Code, Sections 3 and 4 read with Section 25 of the Arms Act, and Sections 3(1)(i), 3(2) and 3(4) of the Maharashtra Control of Organized Crime Act, 1999 (‘MCOC Act’). One of the miscreant namely Darasingh @ Dharasingh @ Satwantsingh s/o Vakilsingh Bawari @ Sikalkari went absconding. On his apprehension he was tried separately in Special MCOC Case No. 1/2015 for the same charge. Precisely, both sides expressed their dissatisfaction to the separate judgments delivered by the Trial Court which gave raise to seven appeals.

3. Special Cri. Case No. 4/2013 was tri