The conviction under IPC and Arms Act was reversed as the prosecution failed to prove guilt beyond reasonable doubt, highlighting the necessity of procedural integrity in identification processes.

1. This is an Appeal under Section 374(2) of Cr.P.C. directed against the judgment dated 03/09/2015 passed by The Special Judge (Under MCOC Act, 1999), Gr. Bombay in MCOC Special Case No.05/2011 @ 12/2012.

2. By the impugned judgment, the learned Special Judge has held the Appellant, who was arrayed before the trial Court as accused no.1, guilty of offences under Sections 120-B , 307, 450, 506(ii) r/w. 120-B of the Indian Penal Code and Section 27(1) of the Indian Arms Act , 1959. The Appellant has been sentenced to undergo rigorous imprisonment for 10 years with fine of Rs.10,000/- in default to undergo simple imprisonment for 03 years for offences under Sections 307 , 450, 120-B of the Indian Penal Code and rigorous imprisonment for 05 years with fine of Rs.5,000/- in default to suffer simple imprisonment for 01 year in respect of offences under Sections 506(ii) r/w. 120-B of the Indian Penal Code and Section 27(1) of the Indian Arms Act , 1959. All the sentences are ordered to run concurrently.

3. The case of the prosecution in brief is that on 30/06/2010, three unknown persons entered the office of Sagar Builders, with whom the first informant (PW10 – Sumit Sonawane) was employed as Sales Executive. One of the persons kept a folder on the teapoy and suddenly removed a pistol and pointed at the first informant PW10 – Sumit Sonawane and fired at him. It is stated that the said person also pointed the pistol towards Hasan Gokulsab Chaudhari - PW11 and thereafter, ran away from the office. Sometime later, the police came to the place of the offence and took PW10 to Cooper Hospital. He was given first aid. PW10 thereafter went to the D.N. Nagar Police Station and lodged the first information report (Exhibit – 131). PW15- Maruti Awhad, Senior Police Inspector of D.N. Nagar Police Station visited the scene of the offence along with API - Desai and other police staff. API – Desai conducted the scene of offence panchanama and seized the bullet and other incriminating material in presence of panchas. API – Desai recorded the statements of some of the witnesses under the supervision of PW15 – Maruti Awhad. PW15 took over further investigation on 01/07/2010. He requested the sketch artist PW16 to draw the sketch of the suspects as per the description given by PW11-Chaudhari.

4. The Appellant and the co-accused were arrested in C.R.No.83/2010 registered at Oshiwara Police Station. A rifle and some live cartridges were recovered from the possession of the Appellant. In the course of the investigation of the said crime, it was revealed that the Appellant and the co-accused were also involved in C.R.No.198/2010 registered at D.N. Nagar Police Station and were informed accordingly.

5. PW22 – Satish, API, Anti Extortion Cell took the Appellant in custody in the present crime on 06/01/2011. It was revealed that the Appellant and the other co-accused were the members of an organized crime syndicate headed by Ravi Pujari. Hence, the provisions of Maharashtra Control of Organized Crime (MCOC) Act, 1999 were also invoked after complying with all the procedural requirements.

6. PW4 – Suvidha Sawant, Nayab Tahasildar was requested to conduct Test Identification (TI) Parade. Accordingly, she conducted the TI parade on 05/02/2011 wherein PW10 and PW11 allegedly identified the Appellant. The incriminating material recovered from the scene of offence was sent to CFSL, Pune for examination. Upon conclusion of the investigation, charge sheet was filed against the Appellant and two others for of