RASHIKBHAI POPATBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23.1.1998 passed by the learned Additional Sessions Judge, Surat in Sessions Case No. 276 of 1995 convicting accused No.2-Anil Sakharam Pawar (appellant No.2 herein) for the offence under Section 387 read with Section 114 IPC and sentencing him to SI for 7 years and also sentencing him to fine of Rs.200.00 in default one month's SI and also convicting accused No. 1-Rasik Popatbhai Patel (appellant No.1 herein) for the following offences and sentencing him to imprisonments as indicated hereinbelow :- @@@ Sec. 302 IPC RI for 20 years and fine of Rs.500.00 i/d RI for one month. Sec. 201 IPC SI for 7 years and fine of Rs.200.00 i/d SI for one month. Sec. 363 IPC SI for 7 years and fine of Rs.200.00 i/d SI for one month. Sec. 364 IPC RI for 10 years and fine of Rs.200.00 i/d RI for one month. Sec. 387 IPC SI for 7 years and fine of Rs.200.00 i/d SI for one month. @@@ The learned Sessions Judge also directed that accused No. 1 shall undergo all the sentences of imprisonment concurrently and that both the accused shall get the period of custody as under-trial prisoners as a set off against the sentences imposed by the judgment.

(2.) Accused No. 1 was charged with the offences of kidnapping minor Tejas, son of complainant Dr Labhubhai V. Patel and Dr Ramaben from their residence for the purpose of extortion of a large amount of money and committing murder of the said minor and also destroying the evidence by putting the dead body of minor Tejas in a jute bag and accused No. 2 was charged for the offence of abetting accused No. 1 in the said offence of extortion by accepting a parcel of large amounts.

(3.) The prosecution case as unfolded at the trial was as under :- Complainant Dr Labhubhai V. Patel and his wife Dr Ramaben had a minor son called Tejas, aged nine years and studying in 4th Std. The complainant and his family are residing at 210, Gayatrinagar Vibhag-1, Katargam Road, Surat. The complainant as well as his wife are doctors. Their hospital is on the ground floor and their residence is on the first floor. On 29.5.1995, Tejas was playing on the ground floor with his cousin Jignesh Jayarambhai Patel when accused No. 1-Rasik Popatbhai, brother of the brother-in-law (sister's husband) of complainant Dr Labhubhai and residing in the same building with the youngest sister of complainant Dr Labhubhai and her husband, offered Pepsi to minor Tejas and minor Jignesh and after minor Jignesh left, accused No. 1 kidnapped minor Tejas at about 2.30 PM. As their minor son did not return home, Dr Ramaben, mother of the minor gave information to the police which was recorded as "janvajog" entry (Exh. 16) at 6.00 PM. At about 2.30 PM on the same day, Rameshbhai had seen minor Tejas near People's Bank Cross Roads on Honda two wheeler. On the next day, i.e. 30.5.1995, between 7.00 and 7.30 in the morning, the complainant received a telephonic call from an unknown person who informed that a chit was put in the dust bin near the hospital of the complainant (which was on the ground floor and the residence was on the first floor) and that person called upon the complainant to act as per the message in the chit and to bring Rs. 10,00,000/-. On 31.5.1995, at about 8.30 PM, the complainant, father of minor Tejas, lodged FIR with the police (Exh. 15). Another chit was received by complainant Dr Labhubhai on 14.7.1995 to bring Rs.10,00,000.00. On 15.7.1995, the investigation was transferred to CID (Crime) and PW 24 Devendrakumar B Bhatt took over the investigation on 16.7.1995. On 23.8.1995 still another chit was received by complainant Dr Labhubhai calling upon him to bring Rs.11,05,000.00 in a parcel divided into Rs, 10,00,000/-, Rs.1,00,000.00 and Rs.5,000.00 between 8.00 and 9.00 PM at a place near Avkar Cold Drinks House, Maruti Chambers, Lambe Hanuman Road, Varachha Road. The complainant produced the said chit before the police and a trap was laid. Accused No.2-Anil Sakharam came for receiving the monies from Dr Labhubhai. From the said accused, the name of accused No. 1 was disclosed and on 25.8.1995, accused No. 1-Rasik Popatbhai was arrested. He took the police to the place on the river bank where he had thrown the dead body of minor Tejas in a jute bag. The police drew the discovery panchnama on 25.8.1995 between 3.30 and 3.45 PM and on noticing the skeleton of the deceased boy, the police called the Forensic Science Laboratory experts and drew another panchnama between 4.00 and 5.00 PM. The inquest panchnama was thereafter made between 5.15 and 5.30 PM and the panchnama of the scene of offence was drawn at 6.15 and 6.30 PM. The post-mortem was done on 26.8.1995 and a team of medical experts submitted the post-mortem report that the skeleton was of a human being, was of a boy aged between 9 to 11 years and the height of that person was about 3.5 ft. Thereafter, accused No. 2 was also arrested and the police also recorded the statements of PW 16 Manjibhai Devshibhai Patel (Exh. 54, Pg. 146) from whose stationery shop, accused No. 1 had purchased papers and pen for writing the chits to the complainant demanding ransom, PW 15 Harshukbhai Patel (Exh. 53, Pg. 144), owner of the telephone booth, from where accused No. 1 had made calls to complainant Dr Labhubhai after kidnapping minor Tejas, PW 17 Rameshchandra Barkatali Jivani (Exh. 55, Pg. 147) from whose grocery shop accused No. 1 had purchased the jute bags and who identified the jute bag from which the skeleton of the boy was found as having been purchased from his shop under a bill. The police sent the chits received by complainant Dr Labhubhai demanding ransom to the hand writing expert and PW 21 Bhadreshkumar Sevantilal Shah (Exh. 64, Pg. 165), Assistant Examiner of the Hand Writing Bureau, Ahmedabad opined that the hand writing on the chits was that of accused No. 1-Rasik Popatbhai. At the trial, the prosecution examined PW 20 Dr Mohd. Ilyas (Exh. 62, Pg. 157), Assistant Professor of Forensic Science Medicines at the New Civil Hospital, Surat whose team had done the post-mortem and also the hand writing expert Bhadreshkumar S Shah, PW 14 Ishwarbhai J Patel from whose field the dead body of minor Tejas was found, also the panch witnesses for various panchnamas drawn including the inquest panchnama (Exh. 27. Pg. 80), recovery panchnama for the chits written by accused No.1 (Exh. 23, Pg. 70), panchnama of the scene of offence (Exh. 25, Pg. 75), panchnama of the jute bag from which the dead body was found (Exh. 29, Pg. 84) and also panchnama of the hand writing of accused No. 1 (Exh. 40, Pg. 102) and the panchnama of recovery of the Hero Honda Motor cycle produced by Vallabhbhai, brother of accused No. 1 (Exh. 34, Pg. 93), panchnama of search of the house of accused No. 1 (Exh. 38, Pg. 97) and the panchnama of discovery of the place where the dead body was concealed (Exh. 57, Pg. 152). The police also produced the Forensic Science Laboratory's reports at Exhs. 75 to 80 and examined various members of the investigation team over and above complainant Dr Labhubhai and his wife Dr Ramaben (parents of deceased minor Tejas) and PW 12 minor Jignesh Jayarambhai, cousin brother of deceased Tejas (Exh.48, Pg. 134).