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Saibaba – Judgment WWW.LIVELAW.IN 1 S.C.No.13/2014 & 130/2015 Received on : 05.03.2014 Registered on: 05.03.2014 Decided on : 07.03.2017 Duration : 03 Years 02 Days Exhibit No. IN THE COURT OF SESSIONS JUDGE AT GADCHIROLI DISTRICT GADCHIROLI. (Presided over by : Suryakant S. Shinde) SESSIONS CASE NO. 13 OF 2014 & SESSIONS CASE NO. 130 OF 2015 State of Maharashtra, Through Police Station Officer, Police Station, Aheri District : Gadchiroli. Prosecution Versus 1. Mahesh Kariman Tirki, Age about 22 years, Occu. Agriculturist, 2. Pandu Pora Narote, Age about 27 years, Occ. Agriculturist, Both r/o Murewada, Taluqa Etapalli, District Gadchiroli. 3. Hem Keshavdatta Mishra, Age about 32 years, Occu. Education, R/o Kunjbargal, Post : Nagarkhan, District Almoda (Uttarkhand) 4. Prashant Rahi Narayan Sanglikar, Age about 54 years, Occu. Journalist, R/o 87, Chandrashekhar Nagar, Krushikesh, Deharadun, Uttarkhand. WWW.LIVELAW.IN 2 S.C.No.13/2014 & 130/2015 5. Vijay Nan Tirki, Age about : 30 years, Occu. Labour, R/o. Beloda, Post P.V.92, Dharampur Taluqa Pakhanjoor, District Kanker (C.G.) 6. Gokalkonda Naga Saibaba, Age about 47 years, Occ. Service, R/o Warden House, Gwair Holl, Delhi University Road, New Delhi. Accused Offence punishable u/s 13, 18, 20, 38 and 39 of The Unlawful Activities (Prevention) Act, 1967 r/w sec.120-B of the Indian Penal Code. Shri. Sathianathan, Special Public Prosecutor for State. Shri. S.P. Gadling, Advocate for accused No.1 to 4 & 6. Shri. P.C.Samaddar, Advocate for accused No.5. J U D G M E N T (Delivered on this 7th day of March, 2017) 1] Accused No.1 Mahesh Kariman Tirki, No.2 Pandu Pora Narote, No.3 Hem Keshavdatta Mishra, No.4 Prashant Rahi Narayan Sanglikar, No.5 Vijay Nan Tirki and No.6 Gokalkonda Naga Saibaba along with absconding accused have been prosecuted for the offence punishable under sections 13, 18, 20, 38, 39 of The Unlawful Activities (Prevention) Act, 1967 (hereinafter referred as UAPA) read with Section 120-B of the Indian Penal Code. 2] The allegations against accused Nos.1 to 6 are that on or before 12.9.2013 within India they hatched criminal conspiracy to wage war against the Government of India and to collect people with the intention of waging war against the Government of India, to overawe by means of criminal force the Government of Maharashtra WWW.LIVELAW.IN 3 S.C.No.13/2014 & 130/2015 and the Government of India, to shake and reduce the faith of the common citizen in its democratic Government by large scale violence destruction of lives and property and thereby destabilize the system of Government established by law and to organize the spread of secessionist and rebellious thoughts by holding convert and secret meetings, to collect money in India for achieving the objects of the said criminal conspiracy by illegal means, to continue unlawful activities of Communist Party of India (Maoist) [hereinafter referred as CPI (Maoist)] and its frontal organization Revolutionary Democratic Front, for achieving the objects of criminal conspiracy, to continue the activities of Terrorist Gang, banned terrorist organization or unlawful association, singly or jointly as a member of the Terrorist Gang & banned organization CPI (Maoist) & its frontal organisation Revolutionary Democratic Front (hereinafter referred as RDF) to conspire, advocate, incite, abet & knowingly facilitate the commission of a terrorist act and unlawful activities by use of violence or other unlawful means, to take part or commit or advocate, abet or incite the commission of unlawful activities, being the members of a banned Terrorist Gang. 3] As such accused No.1 Mahesh Tirki and no.2 Pandu Narote in pursuance of the criminal conspiracy with accused no.3 Hem Mishra and no.6 Saibaba were found in possession of naxal literature, pamphlets, letters, correspondence, audio-video, electronic materials which were to be used for inciting the people to create violence to cause public disorder and they were receiving the members of banned terrorist organization CPI (Maoist) and its frontal organization RDF and were taking them safely and secretly to forest WWW.LIVELAW.IN 4 S.C.No.13/2014 & 130/2015 area within the Gadchiroli district to meet absconding underground naxals. Accused no.3 Hem Mishra was found in possession of 16 GB memory-card of Sandisk company containing letters, correspondence which were addressed to the Comrades of banned terrorist organization CPI (Maoist) and its frontal organization RDF. 4] The accused No.6 Saibaba was found in possession of hard-disks, laptops, pen-drives, CDs, DVDs, booklets, memory-cards containing Maoist literature and letters, correspondence, pamphlets, e-mails, minutes of meetings, report of meetings, audio-video clips conducting and addressing the meetings of banned organisation CPI (Maoist) under UAPA and its frontal organisation RDF and further the accused no.4 Prashant Rahi & no.5 Vijay Tirki in pursuance of criminal conspiracy with accused No.1 Mahesh Tirki, no.2 Pandu Narote, no.3 Hem Mishra & no.6 Saibaba were found in possession of letters and writings regarding banned terrorist organization CPI (Maoist) and its frontal organization RDF and the accused No.1 to 6 being the members of banned terrorist organization CPI (Maoist) and its frontal organization RDF hatched criminal conspiracy and the object of the said conspiracy was to create violence, to cause public disorder and to spread disaffection towards the Central Government and the State Government and in pursuance of the said criminal conspiracy accused nos.1 to 6 were found in possession of printed naxal literature, circulating information which is promotional literature of terrorist organization in the form of booklets, pamphlets, correspondence, writings, reports of the meetings, letters, e-mails, speeches in audio, video and text formats contained in electronic gadgets like CDs, DVDs, pen-drives, hard-disks, memory-cards and WWW.LIVELAW.IN 5 S.C.No.13/2014 & 130/2015 found using the same for circulation amongst the members of banned organisation CPI (Maoist) and its frontal organisation RDF and other persons for creating violence and causing public disorder. 5] The facts of the prosecution case are as under: The informant Atul Shantaram Awhad (P.W.6), the Assistant Police Inspector attached to Special Branch, Gadchiroli lodged the F.I.R. (Exh.220) at police station, Aheri alleging that in the month of August, 2013 he was attached to Special Branch, Gadchiroli as Assistant Police Inspector and he had received secret information that accused no.1 Mahesh Tirki and accused no.2 Pandu Narote were working for prohibited banned organisation CPI (Maoist) and its frontal organisation RDF and they were active members of the said organisation. He had also information that the above two persons i.e. accused no.1 Mahesh Tirki and no.2 Pandu Narote were providing materials to the underground naxalites and they were giving protection to them and taking them from one place to another place safely and exchanging information regarding the Maoist organisation, therefore, on the basis of this information, he and his officers were keeping watch on accused no.1 Mahesh Tirki and no.2 Pandu Narote in the area of Etapalli, Aheri and Murewada. 6] The informant P.W.6 API Atul Awhad on 22.8.2013 at about 6.00 p.m. alongwith his staff had been to Aheri Bus Stand where accused No.1 Mahesh and accused No.2 Pandu were found standing at a secluded place near the Bus Stand of Aheri and at about 6.15 p.m. one person having white cap on his head came there and they started talking with each other suspiciously. Therefore, the WWW.LIVELAW.IN 6 S.C.No.13/2014 & 130/2015 informant (PW 6) API Atul Awhad along with his staff went towards those three persons and made enquiry with them, however they gave evasive answers. Hence, he called two panchas and in presence of panchas he asked their names. One person told his name as Mahesh Kariman Tirki (accused no.1), second told his name as Pandu Pora Narote (accused no.2) and third person told his name as Hem Keshavdatta Mishra (accused no.3). Informant P.W.6 API Atul Awhad brought accused no.1 Mahesh Tirki, no.2 Pandu Narote and no.3 Hem Mishra to Aheri Police Station where in the presence of panch witnesses, their personal search was taken. 7] The personal search of accused no.1 Mahesh Tirki was taken and from his possession three pamphlets regarding banned organisation CPI (Maoist) and its frontal organisation RDF, one pocket purse containing Rs.60/-, platform ticket dated 28.5.2013 of Ballarshah Railway Station, Identity Card and one mobile phone of Micromax Company were seized. Thereafter, the personal search of accused no.2 Pandu Narote was also taken and from his possession Mobile phone of Samsung Company, one pocket purse containing cash of Rs.1480/-, Platform ticket dated 28.5.2013 of Ballarshah Railway Station, Pan Card, Identity Card etc. were seized and thereafter personal search of accused no.3 Hem Mishra was also taken and from his possession one memory card of 16 GB of Sandisk company wrapped in a paper, one pocket purse containing cash of Rs.7,700/-, travelling ticket of Delhi to Ballarshah dated 19.8.2013, Camera alongwith charger, Pan Card, Identity Card and cloth bag were seized. All these articles found in possession of accused no.1 Mahesh Tirki, no.2 Pandu Narote and no.3 Hem Mishra were seized WWW.LIVELAW.IN 7 S.C.No.13/2014 & 130/2015 under the panchanama drawn in presence of panchas vide Exh.137. The informant P.W.no.6 API Atul Avhad lodged report against accused No.1 Mahesh Tirki, no.2 Pandu Narote and no.3 Hem Mishra at Exh.219.
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