ANIL PANDA Vs. STATE OF C G

JUDGEMENT

(1.) In this Criminal Appeal the challenge levied is to the judgment of conviction and order of sentence passed by the Eighth Additional Sessions Judge (FTC), Durg on 28.12.2004 in Sessions Trial No. 252/2001 whereby and whereunder the appellant was convicted for the offences punishable under Section 364A/34 of the Indian Penal Code (hereafter called as 'IPC') and sentenced to undergo imprisonment for life and fine Rs. 2000/- with default stipulation and under Section 25(1)(a) of the Arms Act, rigorous imprisonment for three years and fine of Rs. 1000/- with default stipulation. In brief, the unfolded prosecution story is that on 18.03.2001, the complainant Dr. Girdhari Lal Bajaj was returning back from Durg to Amrawati along with his friend Chandi Ram Bhavrani and driver Udhdhav in his own Ford car No. MH/27/H/0990. Near about 11 - 11:15 am, when they crossed village Tumdibod, a Maruti car bearing registration No. MP/04/J/4227 came there and stopped in front of their vehicle. Six miscreants alighted from that Maruti car and surrounded the complainant's car. Ultimately, three miscreants by complainant's Ford car had gone towards Bhilai-Durg road and four miscreants captured the complainant and took him towards Bilaspur road in that Maruti car. Complainant's partner Gyanchand Agrawal received the information by 10 pm on the very same day that the complainant has not reached his house at Amrawati. Soon after Gyanchand Agrawal received telephonic calls in his mobile No. 98271-47701 from mobile number 98271-93568 and also from 98271-95415 demanding Rs. 10,00,000/- as ransom at the place between Shivnath River and Anjora. Gyanchand Agrawal told the telephone caller that he is coming along with the said ransom in his vehicle No. MP/24/H/4995. He also intimated the alleged incident to his friend Manoj Agrawal. Then, Gyanchand Agrawal lodged the FIR Ex. P/8 on 19.03.2001 by 00:40 hours at Police Station, Durg. The police officials made a plan to nab the miscreants red-handed. Gyanchand Agrawal collected original notes of Rs. 7880/- and bundled them with plain papers so as to give it an appearance of Rs. 10,00,000/-. Then police parties, Gyanchand Agrawal and Manoj Agrawal proceeded in accordance with action plan.

(2.) Gyanchand Agrawal and Manoj Agrawal reached near Anjora by 02 to 02:15 pm on his said car. The car of the complainant came near them and they handed over the bag containing cash to the miscreants. Soon after, one police party comprising of CSP, Ajad Shatru Bahadur Singh, TI Ravindra Upadhyay, SI Mohd Ismail Khan, Head Constables Chihtamani, Rukhman Raman Singh, Dayashankar Pandey, Constables Puran Lal Sinha, Satyanarya Pathak, Amrit Lal Jaiswal reached near Changori-Birejhar road and chased the complainant's said car. After the encounter, they found the three miscreants were present in the said Maruti car namely Subhash Singh, Sokh @ Sukhbindar Singh and Satish Chandrakar. During the grappling, the miscreant Sokh @ Sukhbindar Singh received a bullet injury. S.H.O. Ravindra Upadhyay seized one automatic spring knife, one mobile phone bearing SIM No. 98271-93598, Rs. 2243.50/- from the miscreant Subhash Singh vide Ex. P/21. He also recorded memorandum statement (Ex. P/11) of Subhash Singh. He seized one country made pistol, one empty cartridge from Sokh @ Sukhbindar Singh vide Ex. P/20. He also seized one green bag containing Rs. 7850/-, one live cartridge from accused Satish Chandrakar vide Ex. P/22. S.I. Jagdish Uikey seized one Ford make car and some other articles from the spot vide Ex. P/19 and also seized empty cartridges, one knife and three welding rods from the said Ford car vide Ex. P/18.

(3.) Another police party proceeded on Raipur-Bilaspur road and near village Charoda, they saw the said Maruti car and surrounded it. In that Maruti car they found four miscreants and the complainant. One miscreant, Sanjay Mohle fled away from the spot. S.I., S.P. Shukla recovered the complainant from the miscreant Anil Panda vide recovery memo Ex. P/3. He also seized a country made pistol, two live cartridges and other 15 articles from Anil Panda vide Ex. P/4. He seized a mobile phone from the miscreant Parwez Kuraishi vide Ex. P/5. He seized STD computer slip (Ex. P/6A) from Rahmad Khan vide Ex. P/6. Sanction for the prosecution under the Arms Act was obtained from District Magistrate, Durg vide Ex. P/17. A test identification parade was conducted vide Ex. P/1. Sokh @ Sukhbhindar Singh died soon due to the bullet injury. After completion of the investigation, a charge-sheet was filed against seven accused namely Satish Chandrakar, Parwez Kuraishi, Ashok Singh, Sanjay @ Sanju, Anil Panda, Subhash Singh and Sanjay Mohle. Out of these, two accused Sanjay Mohle and Anil Panda were declared absconded. During the trial and before the framing of charge, accused Subhash Singh died. In first round of trial, accused Satish Chandrakar, Parwez Kuraishi, Ashok Singh and Sanjay @ Sanju faced the trial. The trial Court acquitted the accused Ashok Singh, Parwez Kuraishi, and Sanjay @ Sanju from the charge under Section 364A of the Indian Penal Code and accused Ashok Singh under Sections 25 and 27 of the Arms Act. The trial Court also acquitted above mentioned all the four accused from Section 365 of the IPC. The trial Court only convicted the accused Satish Chandrakar under Section 364A read with Section 34 IPC.