PRAFULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This bunch of appeals arising out of judgments by the learned Judge, Special Court under the Maharashtra Control of Organised crime Act, 1999 (hereinafter referred to as "mcoca" for the sake of brevity) in special Criminal Case Nos. 1 and 2 of 2001 are being disposed of by this common judgment since they raise common questions.

(2.) The accused persons, who were tried in Special Criminal Case No. 1/2001, are allegedly gangsters led by one Shiva (accused No. 1 therein) and those in Special Criminal Case No. 2/2001, allegedly belong to rival gang led by mehmood Khan Pathan (accused No. 1 in Special Criminal Case No. 2/2001 ). It is alleged that initially all of them formed one gang, which later split into two gangs. They used to clash over right to extort. Both these gangs were allegedly involved in criminal activities like extortion etc. in industrial town of khaparkheda on the outskirts of Nagpur City.

(3.) The other accused persons in Special Criminal Case No. 2/2001 (belonging to Mehmood Khan Pathan's gang), except accused No. 5 Laxman, who was absconding, were likewise convicted for the offences punishable under section 3 (1) (ii) and 3 (4) of MCOCA and sentenced to suffer S. I. for six years with fine of Rs. Five Lacs in default to suffer S. I. for three years each on each of the two counts. 5-A. Though offences were separately registered against the members of the two gangs and they were separately charge-sheeted and tried, interestingly, there is a striking similarity in the facts leading to the two prosecutions.