LAWS(SC)-2000-12-104

BABU KUTTAN R PILLAI Vs. STATE OF MAHARASHTRA

Decided On December 15, 2000
Babu Kuttan R Pillai Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This appeal, filed by accused No. 1-Babu Kuttan Ramkrishna Pillai and accused No. 2-Umesh alias Babu Purshottam Bhatt of TADA Act Spl. Case No. 33 of 1994, is directed against the Judgment and order dated 21-8-1998 of the Designated Court at Brihan 'Mumbai under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA Act'). In the said case seven accused persons faced trial under Ss. 120-B read with 307 r/w 34. 307 r/w 114, 307 r/w 149, 3.87 r/w 34, 143, 144, 147, 148 and 506(ii). 353 r/w 114 of the Indian Penal Code and Ss. 3(2)(ii, 3(3). 3(5, 5 and 6 of the TADA Act and r/w S. 25(1B)(a, S. 5 r/w 27 of the Arms Act.

(2.) The gist of the prosecution case relevant for the purpose of this proceeding may be stated thus : With the growth of industry, commerce and trade in and around the city of Mumbai which generates substantial quantity of wealth, there has been increase of organised activities by gangs of anti-socials to extract money from affluent sections of society like developers, hoteliers and other businessmen by putting them in fear of death and then to demand substantial sums of money commonly known as "Khadani" i.e. protection money. One such gang was operating in the city under Amar Naik alias 'Bhal,' who died a couple of years before the decision in the case at an encounter with the police. The prosecution alleged that in pursuance of a criminal conspiracy between 15-1-1994 to 16-5-1994 the accused persons and others of the gang embarked upon preparatory acts like procuring the Information about the names of the builders of M/s. Kalpataru Construction Company which was engaged in developing a property at Pali Hill, named Nakshatra Building. " P.W. 7 Sudhir Tambe was the Senior Vice-President of the company with its head office at Nariman Point. He used to sit in the head office. P.W. 6 Pachapur, Civil Engineer, was an employee of the company who used to remain at the site to supervise the construction. As the prosecution story runs, on 15-4-1994 between 11.30 a.m. and 12.00 noon. While P.W. 6 was on duty at the construction site, accused No. 3, Nitin Vasant Venugurlekar armed with revolver and accused No. 4-Rajindera alias Rajan Mahadeo Margaj armed with a chopper and accused No. 5-Jayandra alias Jai Anandrao Jadhav also armed with a chopper visited the site of "Nakshatra Building," they threatened the workers at the site, forcibly brought P.W. 6 Pachapur in a room on the ground floor and man-handled him. Accused No. 3, pointing a revolver at him demanded the name, address and telephone number of the builders. P.W. 6 disclosed the name of P.W. 7 Tambe and gave his telephone number to them. The accused then asked him to go to the office of the builders at Nariman Point and make the arrangement for a telephonic talk with Tambe. P.W. 6 rushed to the office and told Tambe of what had happened at the construction site. This was followed by telephonic calls from the accused who wanted to speak to Tambe. Attempts were made by P.W. 6 and P.W. 7 to avoid any discussion with the gangsters. Two or three days thereafter when the accused got Tambe on the telephone he (Tambe) gave them some other telephone numbers and asked them to contact those persons including one D. N. Ghosh, the Security Contractor. Eight/ten days thereafter again a telephone call was made to the office of Tambe which was received by P.W. 6 who was informed by the person making the call that they could not get D. N. Ghosh on the telephone numbers furnished by Tambe. Thereafter P.W. 6 handed over the receiver to Tambe. This incident was followed by several threats given by the gangsters to workers and also repeated telephone calls made to the Head Office of the company to contact Tambe. The staff of the site office absented from work resulting in virtual closure of construction activity.

(3.) On 11-5-1994 the deceased-SanJay Patil telephoned to Tambe and warned him that he is wasting time and should meet him without further delay. After some days there was one more similar call from Sanjay Patil and he asked Tambe that he should talk to Bhai and saying so he handed over the receiver to another person who gave his identity as Amar Naik (since deceased). Who told Tambe that he should pay Rs. 10 lacs.