PRAVIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal preferred by the accusedappellants under Sec. 374 of the Criminal Procedure Code, 1973 (for short "the Cr.P.C.") stems out of the judgment and order dated 02 /3/1/2015 passed by Additional Sessions Judge, Limbdi in Sessions Case No.13 of 2012 (old No.28 of 2007), wherein and whereby they are convicted for the offences punishable under Ss. 365, 384, 386, 364, 364-A, 365, 302, 465, 468, 471, 120-B, 34, 201 of the Indian Penal Code, 1860 (for short "the IPC") and sentenced for imprisonment for life and each of the accused are fine of Rs.20,000.00 and in default, of payment of fine ordered to suffer simple imprisonment of one year.

(2.) The case of the prosecution as per the charge (Exh.18), is that the accused, after hatching conspiracy, kidnapped the deceased - Vijaybhai Prabhudas Kotak on 10/1/2007, and demanded a ransom of Rs.1.50 crore, and thereafter murdered him. The trial court has examined 62 witnesses and has also relied on documentary evidence for proving the guilt and bringing home the charge of the accused.

(3.) PW-9, Mr.Virambhai Visabhai Rabari, who was serving as a Range Inspector General of Police has registered a complaint dtd. 12/1/2007, (Exh.88) on coming to know about the offence. The evidence of PW-57, Mr.Mukeshbhai Dilipbhai Upadhyay, (Exh.278), Police Sub Inspector, Detection of Crime Branch (DCB), Ahmedabad City, reveals that the accused were tracked from the mobile numbers, which were used by them in committing the crime and they were rounded up on 13/1/2007 with muddamal articles of Tata Indica car, bearing registration No.GJ-13-F-35 along with one mobile phone etc., and thereafter they were arrested on the same day on 13/1/2007 as per the arrest panchanama Exh.46. The Investigating Officer (PW-62), in his deposition at Exh.301 has narrated the manner and method, in which the investigation was undertaken by him. He has stated that the papers of the investigation were handed over by Police Sub-Inspector, Shri V.K.Pandya on 13/1/2007.