SANTOSH @ RAVI Vs. STATE

JUDGEMENT

(1.) The present criminal appeals have been preferred by the Appellants Santosh @ Ravi and Manoj Kumar under Section 374 Criminal Procedure Code, 1973 ( Cr.P.C .) to assail the judgment and order on sentence dated 24.07.2002 passed by the Learned Additional Sessions Judge (ASJ), Patiala House, New Delhi in SC No. 102/2000 arising out of First Information Report (FIR) No.75/2000, registered at Police Station (PS) C.R. Park under Sections 392 / 34 / 397 Indian Penal Code, 1860 ( IPC ). Both the appellants stand convicted and sentenced to 7 years RI under Section 397 IPC with fine of Rs.1,000/-, in default to undergo SI for two months. They have been convicted and sentenced to 5 years RI under Section 392 / 34 IPC with fine of Rs.1,000/-, in default to undergo SI for two months. Both the sentences are to run concurrently. They have been given benefit of Section 428 Cr.P.C. in respect of undertrial period. Since the two appeals arise out of the same case, against the common judgment, hence submissions were heard in these appeals simultaneously, and they are being disposed of by this common judgment.

(2.) The case of the prosecution is that on 27.02.2000 the appellants committed a day light robbery from the office of Jayant Nagia (PW-2), a real estate agent, situated at D-625 C.R. Park and robbed him of Rs.62,000/-. It has been further alleged that the accused person namely Manoj Kumar had brandished a revolver, and Santosh @ Ravi a pistol, during the commission of the said offence.

(3.) As per the prosecution, on 27.02.2000 at about 10.30 a.m. the complainant (PW-2) received a telephone call from his employee L.K Jha (PW-3) that some people wanted to meet him in his office. On reaching his office the two employees L.K. Jha and Ashok Kumar were present along with both the accused persons. The accused persons evinced an interest in purchasing property and informed that they had come from Janak Puri. Both these prospective clients were present with the complainant in his cabin when tea was served by his employee Ashok Kumar, who had already been instructed by the accused persons to prepare the same before PW-2 had reached his office. After Ashok Kumar placed the tea on the table, the accused did not allow him to leave the cabin. Accused Manoj Kumar took out a revolver while the other accused Santosh @ Ravi took out a pistol. The accused first informed him that one of their friends had been killed and some people were likely to visit the office of PW-2 and that he should co-operate. Accused Santosh @ Ravi brandished his pistol and showed them it was made in Germany along with 25 cartridges which were stated to have been imported. Thereafter, both the accused persons took PW-2 and his two employees captive in the adjoining cabin where his two employees were tied with a rope. PW-2 was brought back to his cabin and both his legs were tied. The accused then demanded a sum of Rs. 50 Lakhs. He was asked to make adequate arrangements and was threatened with abduction. He was told by the accused that in the event he was kidnapped, his family members would even be willing to pay a sum of Rs. 1.5 Crores. They further threatened that he would not be left alive. PW-2 was then asked to make telephone calls to his business associates in a bid to arrange money. While some of the acquaintances were not available, the others expressed their inability to arrange the money. Thereafter, the accused persons ransacked the office and took out a sum of Rs. 62,000/- which was kept in the drawer. The complainant was physically assaulted by the accused persons. Accused Manoj Kumar then went out to get some eatables while the other kept a watch over the captives. On his return with the eatables, accused persons settled down to eat the food brought by accused Manoj along with whisky, a bottle which they took out from their bag. The complainant (PW-2) was then told by the accused persons that he should arrange the money within 8-10 days, and they would come to collect it. He should also not inform the police. The two employees tied and confined in a different cabin were then brought to the same room as the complainant, and they were made to ingest five tablets each, while ten tablets were forcibly given to the complainant(PW-2), resulting in their feeling intoxicated. They were then taken away in the car belonging to PW-2. Accused Manoj wanted to take them towards Mehrauli but on reaching the flyover at Chirag Delhi, accused Santosh @ Ravi was of the opinion that they should be left back at the office. Accordingly, they were brought back and left at the office. PW-2 was under the heavy influence of the drug and he was taken to a private hospital. It was only on the next day his statement could be recorded by the police.