Mohd. Farooq A.G. Chipa Rangari And Another V/s State of Maharashtra

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2009-08-06
Case No: 85-86 of 2006
Case Type: Appeal (Criminal)
Judge Name: S.B. Sinha & Mukundakam Sharma
Subject: Criminal Law-Capital Punishment
Statutes / Acts: Indian Penal Code 1860 (IPC), Code of Criminal Procedure 1973
Equal Citation Details :

2009 (12) SCR 1093

Case Note / Description :

Dismissing the appeal filed by accused Nos. 1, 4 and 8; dismissing State's appeal against accused Nos. 1 and 7; and partly allowing State's appeal against accused Nos. 5 and 6, the Court HELD: Per Dr. Mukundakam Sharma, JJ: 1.1. Accused No. 1 is guilty of all the charges which were already found to be proved and established by the trial court and affirmed by the High Court. The sentence passed by the High Court is confirmed and the punishment awarded by the trial court u/s. 212 r/w Section 52(A) r/w. Section 120-B IPC is also restored. [Para 58] [1148-B] 1.2. Conviction under Maharashtra Control of Organized Crime Act, 1999 could be based solely on the basis of the confessional statement and such conviction is also permissible on the basis of the confessional statement of the co-accused which could be used and relied upon for the purpose of conviction. [Para 59] [1148-C] State v. Nalini (1999) 5 SCC 253; Devender Pal Singh v. State of NCT of Delhi (2002) 5 SCC 234; Jameel Ahmed v. State of Rajasthan (2003) 9 SCC 673, relied on. 1.3. Though it is proved and established from the records that accused No. 1 did not himself participate in the actual shootout, it is alleged against him that he was a part of the gang and he was in touch with the gang leaders in Karachi (Pakistan) and he also acted on behalf of the said gang so much so that he had effected payment of money arranged by the leaders of the gang to accused Nos. 5, 6, and 8 for causing the shootout. The evidence placed before this court clearly establishes that accused No. 1 was responsible for procuring a pistol and handing over the same to accused No. 5 which was used in the shootout. The said fact is also established and proved by the confessional statement of accused No. 5. [Paras 47 and 48] [1142-B-F] 1.4. The confessional statement of accused No. 1 substantially complies with the requirements of Section 18 of Maharashtra Control of Organized Crime Act, 1999 (MCOCA) r/w. rule 3 (6) of Maharashtra Control of Organized Crime Rules (MCOC Rules). It was a categorical case of the prosecution that PW-51 who recorded the said confessional statement was never involved with the investigation of the case. On going through all the material available on record, the High Court came to the categorical finding that the aforesaid confessional statement was made voluntarily and while recording the same, post confessional formalities were followed. It was held by the High Court that although the confessional statement does not bear any certificate in the identical terms as specified under Rule 3(6) of the MCOC Rules, it nevertheless complies with the requirements of Section 18 MACOCA. Apart from that, there is also evidence on record indicating that accused No. 1 made several phone calls to gang leaders in Pakistan from various phone booths. The said fact is also accepted by the trial court as well as by the High Court. [Paras 51 and 52] [1145-E-H; 1146-A-C] 1.5. The confessional statement of accused No. 8 was held to be admissible by both the courts below in which he had categorically stated that he knew accused No. 1 from childhood and that accused No. 1 had brought him to act as a driver in the said shootout and also paid him Rs. 10,000/- for the job. Accused No. 8 in his confessional statement had also stated that accused No. 5 visited accused No. 1. The confessional statements of accused No. 5 and 6 are also relevant to prove and establish the involvement of accused No. 1 with the incident. 

 
 
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