PRADEEP KHANDELWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BOTH these appeals are directed against judgment and order dated 20.04.2009, passed by Learned Sessions Judge, Nainital, in Special Sessions Trial No. 71 of 2006, and Special Sessions Trial No. 7 of 2007, whereby accused/appellant Pradeep Khandelwal has been convicted under section 302 read with section 120B of Indian Penal Code, 1860 (for short IPC) and acquitted from the charge of offence punishable under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. Appellant Vakeel Ahmad @ Guddu has been convicted under section 302 read with section 120B IPC, (in alternative under section 302 read with section 34 IPC). He has further been convicted under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. Appellant Pradeep Khandelwal has been sentenced to imprisonment for life and directed to pay fine of ` 10,000/- under section 302/120B IPC. Appellant Vakeel Ahmad @ Guddu has also been sentenced to imprisonment for life and also directed to pay fine of ` 10,000/- under section 302/120B IPC,( in alternative under section 302/34 IPC). He (Vakeel Ahmad) has been further sentenced to rigorous imprisonment for a period of five years and also directed to pay fine of ` 5,000/- under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.

(2.) HEARD learned counsel for the parties at length, and perused the lower court record. Background:

(3.) SECOND leg of the prosecution story is that a dreaded proclaimed criminal Prakash Pandey also known as 'PP' (based out side India allegedly in Vietnam), in an association with one Bhuppi, Rajesh and others used to run an organized gang to extort money from public, particularly businessmen. A red corner notice is said to have been issued against him but he continued his activities by making telephone calls to his associates Bhuppi, Satish Pandey and others, and also used to get murdered men on failing to take ransom. He (PP) started extracting money from accused/appellant Pradeep Khandelwal by making calls himself and through Bhuppi and thereby the two PP and accused/appellant Pradeep Khandelwal came in contact with each other. Incident:-