ASHISH KAPIL NANDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of a common judgement dated 08.08.2013 passed by the learned Additional Sessions Judge, Rajkot, in Sessions Cases No.107 and 54 of 2007.

(2.) Briefly stated, the prosecution version was that Piyush, son of the complainant Jalaram Keshav Pujara and accused No.1, Ashish Nanda were friends. Ashish was in need of money. He and one Naresh @ Sarap Katarmal and Salim @ Sa..., accused No.7 hatched a conspiracy to kidnap Piyush for ransom. These persons executed a plan for kidnapping Piyush with active help and support from other accused, notably, Dipti @ Deepa, accused No.2, who was sister of Naresh @ Sarap on 04.07.2006. Piyush was kidnapped from a place called Shastrinagar maidan at Rajkot. The money and other valuable articles, such as gold chain and locate were taken away by the accused. A ransom call was also made to Jalaram. However, under the fear of being identified, accused No.1-Ashish, accused No.7-Salim Ahmed and Naresh @ Sarap took Piyush at an isolated place in the forest near Hingolgadh village where he was murdered. These accused poured petrol over and set his body on fire. It appears that the burn remains of the body were divavolved by the wild animals to such an extent that a few days later, when the investigating team visited the site, all that they would/could find was the skull and a few bones scattered around.

(3.) It appears that Naresh @ Sarap, who according to the prosecution had given the fatal blows, was absconding for sometime and eventually, is reported to have been killed in an encounter with the police. A charge was, therefore, framed against all the accused for commission of the offences punishable under sections 363, 364, 364A, 343, 346, 345, 386, 387, 465, 467, 468, 471, 474, 504, 506(2), 302, 201, 212 read with sections 34 and 120B as well as section 188 of IPC. Accused Nos. 1 and 7 were also charged with offence punishable under sections 27 and 303 of the Wild Life Protection Act.