On 9th of April 1989 at about 9.00 p.m. the said Dunichand Kalani was murdered on a public road by 10 12 persons armed with weapons like knives, gupties, revolvers, etc.
In this appeal filed under section 19 of the TADA P Act, accused number4 Suresh Pappu Bhudharmal Kalani of S.C.No.25/1992, has challenged the order passed by the Designated Court of Thane rejecting the application filed by him under section 18 of the Act for discharging him from the charges under sections 3 and 5 of the TADA P Act and to transfer the case to the Sessions Court on the ground, inter alia, that numbercase under section 3 or section 5 of the TADA Act is made out against him.
572 573/1999 have been filed by the State of Maharashtra against finding recorded by the Special Court that on the materials placed on record by the prosecution numbercharge can be framed under section 3 of the TADA P Act.
572 73 of 1999 J U D G M E N T P.MOHAPATRA, J. LITTTTTTTJ In these three sets of appeals the judgment order passed by the Designated Court of Thane at Pune on 10th November, 1998 in T.S.C. No.25/92 and 9/93 has been challenged.
On this account, it is alleged, that there was enmity between Gop Beharani and accused number4.
T 296/89 under section 3 of the TADA P Act and under sections 147,148,149 and 120B, 302 of IPC and section 25 of the Arms Act.
After investigation charge sheet was filed in the case against 23 persons.
The motive for the murder was ascribed to previous enmity.
According to the prosecution accused No.4 and other accused armed with revolvers and pistols killed Maruti Jadhav and attempted to murder Arun Kaklij.
The said Krishan Pillaye was murdered, thereafter Maruti Dagadu Jadhav was the only remaining eye witness in the said case in which numberorious gangsters have been involved.
Both Gop Beharani as well as the accused number4 were elected as Municipal Councillors and a dispute arose between them on account of claim over Presidentship of the Ulhasnagar Municipal Council .
On the FIR lodged by one Narayan Budharmal Kalani at Ulhasnagar Police Station a case under sections 302, 147,148,149 of the Indian Penal Code and section 25 of the Arms Act was registered against Gopal Rajwani and some others.
Criminal Appeal Nos.
The FIR was recorded by PSI of the Vithalwadi Police Station on the dying declaration made by Maruti Dagadu Jadhav in which he gave the description of three assailants.
In the said case the provisions of TADA P Act was involved and it was registered as R.No.
MH 12 1042 came near his offfice and three persons alighted from the same and rushed inside the office.
In the incident Arun Kaklij was also injured.
Those three persons fired bullets at Maruti Dagadu Jhadav from the revolver held by them.
The prosecution case, shortly stated, is as under One Dunichand Kalani, who was the President of Ulhasnagar Taluka Congress, used to make companyplaints against one Gopal Rajwani and his political supporters about their criminal activities.
The appellant is the nephew of deceased Dunichand Kalani.
At about 10.35 p.m. on the same day i.e. 10th July , 1992, he succumbed to the injuries.
WithCriminal Appeal Nos.66 67/1999 and Criminal Appeal Nos.
The other offences alleged to have been companymitted by the accused are number triable by the special companyrt.
Criminal Appeal Nos.
66 67/99 have been filed by the accused persons against rejection of the petition filed by them under section 18 of the Terrorists and Disruptive Activities Prevention Act, 1987 for short the TADA P Act .
Since the incidents giving rise to the criminal cases are the same and the appeals are directed against the same judgment order for the sake of companyvenience we will state the facts and deal with the case in Criminal Appeal Nos.1298 99/ 1998 in detail.
Thereafter Maruti Degadu Jadhav was admitted in the nursing home for treatment.
On 10.7.1992 while the deceased Maruti Dagadu Jadhav was sitting in his office at about 8.15 p.m. and chit chatting with one Arun Kaklij, one white companyoured Maruti van No.
After the incident the assailants escaped in the Maruti van.
1298 99/98 and Criminal Appeal Nos.
