VISHAL Vs. STATE

JUDGEMENT

(1.) THE appellant Vishal impugns judgment dated 29th February, 2012, whereby he was convicted for kidnapping of Sukh Dayal for ransom, under Section 364A/34 of the Indian Penal Code 1860 (IPC). He has been sentenced to life imprisonment and fine of Rs.1000.00, in default he shall undergo simple imprisonment for one month.

(2.) THE appellant was initially tried along with co-accused Amar Mishra, Ravi @ Titu, Rajender @ Pappu, Satbir and Mukesh. However, the appellant absconded and was declared proclaimed offender vide order dated 6th September, 2006. Till then 33 prosecution witnesses had been recorded by the Trial Court. By judgment dated 27th February, 2009, Amar Mishra, Satbir, Ravi, Rajender and Mukesh were convicted for offences punishable under Section 364A/34 IPC. Besides this, Satbir was also convicted under Section 25 of the Arms Act, 1959. The trial Court, however, acquitted the two brothers Rajesh and Rocky Khanna. Appeals filed by Amar Mishra, Ravi, Rajender and Mukesh have been dismissed by this court vide decision dated 23rd September, 2011. Appeal filed by Satbir, however, was allowed and his conviction and sentence has been set aside.

(3.) IN brief, the prosecution case is that one Sukh Dayal, who had appeared as PW-2, was abducted from Punjabi Bagh, New Delhi on 16th July, 1994. Under threat of injury, he was taken to Loni, U.P. and then to Ajit Nagar, Gandhi Nagar in a car and was kept in illegal detention, against his will. On 17th July, 1994, Ram Lal Malik (PW-1), brother of the victim lodged a complaint (Ex. PW1/A) with the police and FIR No. 378/94, P.S. Kashmere Gate was registered under Section 364A/34 IPC. The FIR mentioned that PW-1 had received ransom calls for release of PW-2. Telephone calls of PW- 1 and his family members were monitored by the police. Eventually on the basis of tip-off, Amar and Rajender were ambushed on 19th July, 1994, outside Ritz Cinema, at around 1.10 AM. After a shooting incident, the two accused were overpowered and apprehended. On interrogation, they made disclosure statements (Ex. PW18/A and PW18/B) which led the police parties to the place where PW-2 was confined i.e. House No. 4225, Second Floor, Ajit Nagar, Gandhi Nagar. The said rescue operation was conducted at around 3.00 AM, the same night. Vishal, the appellant herein, was nabbed by the police on the spot and arrested. After completing investigation, challan was filed under Section 364A/34 IPC against Vishal and others.