Case Note & Summary
The judgment excerpt relates to two criminal appeals before the Nagpur Bench of the Bombay High Court, arising from a common judgment and order dated 7 March 2017 of the Sessions Judge, Gadchiroli. The appellants in Criminal Appeal No. 136 of 2017 were five accused—Mahesh Kariman Tirki, Pandu Pora Narote, Hem Keshavdatta Mishra, Prashant Rahi Narayan Sanglikar, and Vijay Nan Tirki—while G.N. Saibaba was the sole appellant in Criminal Appeal No. 137 of 2017. The State of Maharashtra through the Police Station Officer, Aheri, was the respondent. The trial court had convicted all six accused under Sections 13, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) read with Section 120-B of the Indian Penal Code. Sentences included life imprisonment under Sections 18 and 20 for accused 1-4 and 6, ten years under Sections 38 and 39 for those accused, seven years under Section 13, and varying terms for accused 5; fines and default sentences were also imposed. The prosecution case, as summarized in the excerpt, was that Assistant Police Inspector Atul Awhad received secret information that accused 1 and 2 were active members of the banned CPI (Maoist) and its frontal organization Revolutionary Democratic Front. On 22 August 2013 at Aheri Bus Station, the officer and his squad saw accused 1 and 2 meeting a person in a white cap, later identified as accused 3 Hem Mishra. When questioned, the three gave evasive replies and were brought to Aheri Police Station. Personal searches yielded pamphlets of CPI (Maoist) and RDF, railway tickets, identity cards, mobile phones, cash, and a 16 GB Sandisk memory card wrapped in paper from accused 3. A crime was registered as Crime No. 3017/2013 under the UAPA and IPC. Further investigation by Sub-Divisional Police Officer Suhas Bawche revealed that accused 1 and 2 had been tasked by a Maoist named Narmadakka to escort accused 3 from Delhi, and that accused 6 G.N. Saibaba had handed the memory card to accused 3 for delivery to Narmadakka. Accused 4 was later arrested on 1 September 2013 along with accused 5; searches yielded cash, naxal literature, and a newspaper. Investigation also indicated accused 5 was instructed by one Ramdar to escort accused 4 to the Abuzmad forest. Sanction under Section 45(1) of the UAPA was granted on 15 February 2014 for accused 1-5. The final report under Section 173(2) CrPC was submitted to the Judicial Magistrate First Class, Aheri on 16 February 2014, and the case was committed to the Sessions Court on 26 February 2014 as Sessions Case No. 13 of 2014. The trial court ultimately convicted the accused on 7 March 2017. The excerpt does not include the arguments advanced by counsel, the specific legal issues framed, the court's analysis, or the final operative decision on the appeals. The matter was heard and reserved on 29 September 2022 and judgment was pronounced on 14 October 2022, but the outcome is not stated in the provided text.
Issue of Consideration
CRIMINAL APPEAL NO. 136 OF 2017
Case Details
2022 LawText (BOM) (10) 84
Criminal Appeal No. 136 of 2017 with Criminal Appeal No. 137 of 2017
Rohit B. Deo, Anil L. Pansare
Pradeep Mandhyan, Barunkumar, H.P. Lingayat, Subodh Dharmadhikari, N.B. Rathod, Siddharth Dave, H.S. Chitale
Mahesh Kariman Tirki, Pandu Pora Narote, Hem Keshavdatta Mishra, Prashant Rahi Narayan Sanglikar, Vijay Nan Tirki (Criminal Appeal 136/2017); G.N. Saibaba (Criminal Appeal 137/2017)
State of Maharashtra, through PSO Aheri, Gadchiroli, Maharashtra
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Nature of Litigation
Criminal appeals against conviction under UAPA and IPC for alleged association with banned terrorist organization CPI (Maoist) and Revolutionary Democratic Front.
Remedy Sought
Appellants sought setting aside of conviction and sentence recorded by Sessions Judge, Gadchiroli on 07-03-2017.
Filing Reason
Conviction by Sessions Judge, Gadchiroli under Sections 13, 18, 20, 38, 39 UAPA read with Section 120-B IPC for alleged terrorist activities.
Previous Decisions
Sessions Judge, Gadchiroli convicted all six accused on 07-03-2017; accused 1-4 and 6 sentenced to life imprisonment for Sections 18 and 20 UAPA read with 120-B IPC, rigorous imprisonment for 7 years under Section 13, 10 years under Sections 38 and 39 each; accused 5 sentenced to 4 years under Section 13, 10 years under Sections 18 and 20, 5 years under Sections 38 and 39, all read with 120-B IPC.
Judgment Excerpts
Criminal Appeal 136/2017 and Criminal Appeal 137/2017 emanate from the common judgment dated 07-3-2017 rendered by the learned Sessions Judge, Gadchiroli, whereby the appellants are convicted for offences punishable under Sections 13, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) read with Section 120-B of the Indian Penal Code (IPC).
Sanction under Section 45(1) of the UAPA was granted by the Sanctioning authority Mr. Amitabh Rajan (PW 19) vide order dated 15-2-2014, which is restricted to the arrested accused 1 to accused 5.
The personal search of accused 3-Hem Mishra led to the seizure of one Memory Card of 16 GB of Sandisk Company wrapped in a paper, one purse containing cash of Rs.7,700/-, railway ticket of Delhi to Ballarshah dated 19-8-2013, Camera along with Charger, Pan Card, Identity Card and Cloth Bag.
Procedural History
On 22-8-2013, API Atul Awhad detained accused 1-3 at Aheri Bus Stop; FIR Crime 3017/2013 registered under Sections 13,18,20,38,39 UAPA read with 120-B IPC. Investigation assigned to SDPO Suhas Bawche. On 01-9-2013, accused 4-5 arrested at Chichgarh T Point, Deori. On 04-9-2013, search warrant sought for house of accused 6; search conducted on 09-9-2013 in Delhi. Sanction under Section 45(1) UAPA granted on 15-2-2014. Final report under Section 173(2) CrPC submitted to JMFC Aheri on 16-2-2014. Case committed to Sessions Court on 26-2-2014 as Sessions Case 13/2014. Sessions Judge, Gadchiroli convicted all six accused on 07-03-2017. Appeals filed as Criminal Appeal 136/2017 and 137/2017; heard and reserved on 29-09-2022; pronounced on 14-10-2022.
Acts & Sections
- Unlawful Activities (Prevention) Act, 1967: 13, 18, 20, 38, 39, 45(1)
- Indian Penal Code, 1860: 120-B
- Code of Criminal Procedure, 1973: 173(2)
