Cri. Appeal No.364/2018

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.364 OF 2018

Vakilya @ Vilas s/o Baburao Shinde

age 36 years, Occu. Labour,

R/o Pithori, Tq. Ambad

District Jalna

… APPELLANT

VERSUS

The State of Maharashtra

through the Sub-Divisional Police Officer

Bhokardan, Tq. Bhokardan, Dist. Jalna

(Copy to be served on Public

Prosecutor, Bombay High Court,

Bench at Aurangabad)

… RESPONDENT

.......

Shri N.S. Ghanekar, Advocate for appellant

Shri S.P. Sonpawale, A.P.P. for respondent

....…

CORAM :

R. G. AVACHAT, J.

DATE :

8th FEBRUARY, 2022

J U D G M E N T :

This is an appeal against conviction. The

appellant along with other accused Dipak Pawar were

convicted for the offences punishable under Sections 392/395

read with Section 397 of the Indian Penal Code and under

Sections 3(1)((ii), 3(2), 3(4) of the Maharashtra Control of

Organized Crime Act and, therefore, sentenced to different

terms as shown in the chart below :-

Cri. Appeal No.364/2018

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Sections

Sentences

Fine

Default

sentence

392/ 395 r/w 397

IPC

R.I. for 10 years 5000/-

R.I. 6 months

3(1)(ii) of

MCOC Act

R.I. for 10 years 5,00,000/-

R.I. for 1 year

3(2) of MCOC

Act

R.I. for 10 years 5,00,000/-

R.I. for 1 year

3(4) of MCOC

Act

R.I. for 10 years 5,00,000/-

R.I. for 1 year

The substantive sentences have been directed to

run concurrently.

2.

Facts giving rise to the present appeal are as

follows :-

P.W.1 Dattatraya (informant) was resident of

village Warkheda, Taluka Jafrabad in district Jalna. He would

run a fair price shop and Agro-Service Centre. The informant

had been to Jafrabad for his personal work. He returned

home in the evening. He along with his family members went

to sleep in his house by 9.00 p.m. In the midnight by 1.00

a.m. on 24/2/2012, he received a stick blow on his head. He

woke up to find 6 persons around him. They were sporting

half pants and banians. They were of black complexion. They

were speaking in Hindi. All of them were armed with sticks.

Cri. Appeal No.364/2018

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One of them asked the informant to give key of almirah. The

informant refused to give. Again the informant was assaulted

on his forehead. On hearing his shouts, his wife, brother, son

and mother as well got up. They came to his room. The

culprits assaulted them as well. One of the culprits robbed

the informant’s wife of her gold necklace. They broke open

almirah, took cash of Rs.4,00,000/- and two gold coins and

then escaped. The informant, therefore, approached the

concerned police station and lodged the First Informant

Report (F.I.R.) Exh.49.

3.

Crime vide C.R. No.8/2012 came to be registered

for offences punishable under Sections 395 and 397 of the

Indian Penal Code. During investigation of some other crime,

accused therein (Vijay Jadhav) disclosed to have had

committed dacoity at the house of the informant. On his

interrogation, names of his associates were revealed. The

appellant and and two others were apprehended. The

informant and his family members were medically examined.

Scene of offence panchanama was drawn. Statements of the

persons acquainted with the facts and circumstances of the

case were recorded. During investigation, it was revealed

that, it was an offence of organized crime committed by the

Cri. Appeal No.364/2018

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appellant and his associates as members of the organized

crime syndicate headed by the appellant himself. Provisions

of the Maharashtra Control of Organized Crime Act (MCOC

Act), therefore, came to be invoked. Necessary approval

therefor was granted by Special Inspector General of Police,

Aurangabad. The investigation was, therefore, made by the

officer of the rank of Deputy Superintendent of Police. On

investigation, all police papers were placed before the

Additional Director General of Police, Mumbai for obtaining his

sanction for prosecution under th