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To Download the Judgment 1 Judg.Apeal.1157.12 aw connected matters.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1157 OF 2012 Sahebro Kaluram Bhintade Age 61 Years, Occu : Resident at – A/204, Dhanlaxmi Co-op. Hsg.Soc. Mohili Villa, Andheri-Ghatkopar Link Rd. Sakinaka, Mumbai -400 072. … Appellant VERSUS 1. State of Maharashtra (At the instance of DCB, CID, UNIT (III), Mumbai. 2. Mrs. Komal Jamsandekar Age 42 Years, Occu – Household; Resident at – Rumani Manzil, Asalpha Village, Ghatkopar (W), Mumbai. … Respondent WITH CRIMINAL APPEAL NO. 1066 OF 2012 Sunil Sadashiv Ghate Aged 55 Years, Resident at – 714/F, Dagdi Chawl, Room Nos.21 and 22, First Floor, Bapurao Jagtap Marg, Byculla West, Mumbai – 400 011. [At present in Judicial custody and undergoing the sentence imposed upon him at Taloja Central Jail at Taloja] … Appellant VERSUS The State of Maharashtra (At the instance of DCB, CID, UNIT III Bombay vide their C. R. No. 69 of 2008 Original Saki Naka Police Station C.R. No.82 of 2007. … Respondent ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 2 Judg.Apeal.1157.12 aw connected matters.doc WITH CRIMINAL APPEAL NO. 1077 OF 2012 Suresh Raghunath Patil Age 32 Years, Occu – Service; Resident at – 714/1, Dagdi Chawl, Room No.24, First Floor, Bapurao Jagtap Marg, Byculla (West), Mumbai 400 011. [Presently lodged at Taloja Central Prison, Navi Mumbai] … Appellant VERSUS 1. The State of Maharashtra (At the instance of Sakinaka Police Station, investigation carried out by DCB CID Unit III 2. Mrs. Komal Kamlakar Jamsandekar Age 42 Years, Occu – Household; Resident at – Rumani Manzil, Asalpha Village, Ghatkopar (West), Mumbai. … Respondents WITH CRIMINAL APPEAL NO. 1094 OF 2012 1. Pratap Tukaram Godse Age 30 Years, Occu – Service; Resident at – 2/21, Laxmi Niwas Chawl, Laxminarayan Mandir Marg, Mohili Village Sakinaka, Mumbai 400 072. [Presently lodged at Taloja Central Prison] 2. Ajit Chandrakant Rane Age 26 Years, Occu – travel agency; Resident at – B/501, Shivam Apartment, Near Chandivali Studio, Sakinaka, Mumbai – 400 072. [Presently lodged at Kolhapur Central Prison] … Appellant ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 3 Judg.Apeal.1157.12 aw connected matters.doc VERSUS 1. The State of Maharashtra (At the instance of Sakinaka Police Station, investigation carried out by DCB CID Unit III) 2. Mrs. Komal Kamlakar Jamsandekar Age 42 Years, Occu – Household; Resident at Rumani Manzil, Asalpha Village, Ghatkopar (West) Mumbai. … Respondents WITH CRIMINAL APPEAL NO. 1076 OF 2012 Sandeep @ Sandy Baliram Gangan Age 42 Years, Occu – Service; Resident at – 714/E, Dagdi Chawl, Room No. 28, Bapurao Jagtap Marg, Byculla (West), Mumbai 400 011. [Presently lodged at Kolhapur Central Prison] … Appellant VERSUS 1. The State of Maharashtra (At the instance of Sakinaka Police Station, investigation carried out by DCB CID Unit (III) 2. Mrs. Komal Kamlakar Jamsandekar Age 42 Years, Occu – Household; Resident at Rumani Manzil, Asalpha Village, Ghatkopar (West) Mumbai. … Respondents WITH CRIMINAL APPEAL NO. 1093 OF 2012 ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 4 Judg.Apeal.1157.12 aw connected matters.doc Shrikrishna @ Babu Tukaram Gurav Age 36 Years, Occu : Resident at – Shriprasad Building, Room No.2, Ground Floor, B. R. Nagar, Diva (E), Thane. [Presently lodged at Kolhapur Central … Appellant Prison] VERSUS 1. The State of Maharashtra (At the instance of Sakinaka Police Station, investigation carried out by DCB CID Unit III) 2. Mrs. Komal Kamlakar Jamsandekar Age 42 Years, Occu – Household; Resident at Rumani Manzil, Asalpha Village, Ghatkopar (West) Mumbai. … Respondents WITH CRIMINAL APPEAL NO. 1095 OF 2012 1. Vijaykumar Harihar Giri Age 32 Years, Occu : Resident at – Sonu Bhoir Chawl, Shivdevi Sadan, Kokanipada, Dahisar (E), Mumbai. [Presently lodged at Taloja Central Prison] 2. Ashokkumar Shivkant Jaiswar Age 25 Years, Occu : Resident at – Munshi Mahal, Shankar Sheth Chawl, Room No.2, Pratap Nagar Road, Bhandup (W), Mumbai – 400078 [Presently lodged at Taloja Central Prison] ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 5 Judg.Apeal.1157.12 aw connected matters.doc 3. Narendra @ Kandi @ Guddu Lalmani Giri Age 25 Years, Occu : Resident at – Pande Compound, Hanuman Tekdi, Near Yadav Tabela, Kajupada, Dahisar (E), Mumbai. [Presently lodged at Taloja Central Prison] 4. Anil Sherbahadur Giri Age 28 Years, Occu : Resident at – Room No. 401, Ashtavinayak Society, Sangharsh Nagar, Chandivali, Andheri (E), Mumbai 400 072. [Presently lodged at Kolhapur Central Prison] … Appellants VERSUS 1. The State of Maharashtra (At the instance of Sakinaka Police Station, investigation carried out by DCB CID Unit III) 2. Mrs. Komal Kamlakar Jamsandekar Age 42 Years, Occu – Household; Resident at Rumani Manzil, Asalpha Village, Ghatkopar (West) Mumbai. … Respondents WITH CRIMINAL APPEAL NO. 1061 OF 2012 Arun Gulab Gawali Age 60 Years, Occu ; MLA, Resident at – Geetai Co-op. Hsg. Society, 3rd Floor, Bapurao Jagtap Marg, Byculla, Mumbai – 400 011. [Presently lodged at Taloja Central Prison, Navi Mumbai] … Appellant ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 6 Judg.Apeal.1157.12 aw connected matters.doc VERSUS 1. The State of Maharashtra (At the instance of Sakinaka Police Station, investigation carried out by DCB CID Unit III) 2. Mrs. Komal Kamlakar Jamsandekar Age 42 Years, Occu – Household; Resident at Rumani Manzil, Asalpha Village, Ghatkopar (West) Mumbai. … Respondents WITH CRIMINAL APPLICATION NO. 144 OF 2019 IN CRIMINAL APPEAL 1095 OF 2012 Anilkumar Sher Bahadur Giri … Appellant VERSUS The State Of Maharashtra … Respondent WITH CRIMINAL APPLICATION NO. 1406 OF 2018 IN CRIMINAL APPEAL 1095 OF 2012 Anilkumar Sher Bahadur Giri … Appellant VERSUS The State Of Maharashtra … Respondent WITH CRIMINAL APPLICATION NO. 1534 OF 2018 IN CRIMINAL APPEAL 1157 OF 2012 ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 7 Judg.Apeal.1157.12 aw connected matters.doc Sahebrao Kaluram Bhintade … Appellant VERSUS The State Of Maharashtra & Anr. … Respondents WITH CRIMINAL APPLICATION NO. 951 OF 2019 IN CRIMINAL APPLICATION NO. 144 OF 2019 Anilkumar Sher Bahadur Giri … Appellant VERSUS The State Of Maharashtra … Respondent Sr. Con. Rajiv Patil a/w Hasan Patel, Ms. Priyanka Thakur, Megha Bajoria i/b Shri Prashant M. Patil for Appellant in Appeal No.1157/2012. Sr. Con. Shirish Gupte a/w Ganesh Gole, D.D. Ghadge, Ateet Shirodkar for Appellant in Appeal 1061/2012, Appeal 1066/2012. Adv. Taraq Sayed a/w Advait Tamhankar & Ajay Dubey for Appellant in Appeal 1094/2012. Adv. Sudeep Pasbola a/w Adv. Bhavesh Thakur for Appellant in Appeal 1076/2012 Adv. E.A.Sasi for Appellant in Appeal 1093/2012. Adv. B. Sharada for Appellant in Appeal 1095/2012. Sr. Con Ashok Mundargi for Appellant in Appeal 1066/2012. Spl. P.P. A.M. Chimalkar a/w Siddharth Jagushte and Akash Kavade for State. Shri J. P. Yagnik, APP for State. CORAM : B.P. DHARMADHIKARI & MRS.SWAPNA JOSHI, JJ. RESERVED ON : 9/8/2019 PRONOUNCED ON: 9/12/2019 ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 8 Judg.Apeal.1157.12 aw connected matters.doc JUDGMENT (Per B. P. Dharmadhikari, J) . These Appeals assail the common Judgment and Order dated 31st August 2012 delivered by the Special Judge, MCOC Act, Gr. Mumbai in MCOC Special Case No.7 of 2008 and other connected matters, whereby the said Court convicted – (a) Arun Gulab Gawali (A-1), Sandip @ Sandy Baliram Gangan (A-9), Shrikrishna @ Babu Tukaram Gurav (A-10), Pratap Tukaram Godse (A-12), Ajit Chandrakant Rane (A-13), Suresh Raghunath Patil (A-15) and Sunil Sadashiv Ghate (A-20) for the ofences punishable under Section 3(4) of the MCOC Act, 1999 and sentenced each of them to sufer rigorous imprisonment for ten years and to pay a fne of Rs.5.00 Lac. each, & in default of fne, sentenced them to sufer rigorous imprisonment for three years. (b) Arun Gawali (A-1), Sandip Gangan (A-9), Shrikrishna Gurav (A-10), Pratap Godse (A-12), Ajit Rane (A-13), Suresh Patil (A-15) and Sunil Ghate (A-20) for the ofences punishable under Section 3(1)(ii) of the MCOC Act, 1999 and sentenced to sufer rigorous imprisonment for ten years and to pay a fne of Rs.5.00 Lacs each, and in default thereof, to sufer rigorous imprisonment for three years. ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 9 Judg.Apeal.1157.12 aw connected matters.doc (c) Vijay Giri (A-2), Ashokkumar Shivakant Jaiswar (A-3), Narendra @ Kandi @ Lalmani Giri (A-4) and Anil Sherbahadur Giri (A-5) for the ofences punishable under Section 3(2) of MCOC Act, 1999 sentencing them to sufer rigorous imprisonment for life and to pay a fne of Rs.5.00 Lacs each, and in default thereof, to sufer rigorous imprisonment for three years. (d) Vijay Giri (A-2), Ashokkumar Jaiswar (A-3) and Narendra Giri (A-4) for the ofence punishable under Section 452 read with Section 34 of Indian Penal Code and sentenced each to sufer rigorous imprisonment for seven years and to pay a fne of Rs.5000/- each, and in default to sufer rigorous imprisonment for one year. (e) Vijay Giri (A-2), Ashokkumar Jaiswar (A-3), Narendra Giri (A-4) and Anil Giri (A-5) for the ofence under Section 302 read with Section 34 read with Section 120-B of the Indian Penal Code and Section 3(1)(i) of the MCOC Act, 1999 and sentencing each to sufer rigorous imprisonment for life and to pay a fne of Rs.1.00 Lac each, and in default to sufer rigorous imprisonment for three years. (f) Arun Gawali (A-1), Sahebrao Bhintade (A-6), Sandeep ::: Uploaded on - 11/12/2019 ::: Downloaded on - 11/12/2019 16:33:28 ::: 10 Judg.Apeal.1157.12 aw connected matters.doc Gangan (A-9), Shrikrishna Gurav (A-10), Pratap Godse (A-12), Ajit Rane (A-13) and Suresh Patil (A-15) for the ofence punishable under Section 3(2) of the MCOC Act, 1999 and sentencing to sufer rigorous imprisonment for life and to pay a fne of Rs.7.00 Lacs each, in default to sufer rigorous imprisonment for three years.
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