BHOORA KHAN @ BHALU Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals have been preferred against the judgment and order dated 28.1.2009 passed by the Additional Sessions Judge/F.T.C. No.1, Aligarh passed in S.T.No.1083 of 2006 convicting the appellants under Section 364A IPC and sentencing them to undergo life imprisonment with fine of Rs.10,000/-.

(2.) To appreciate the contentions raised by the learned counsel for the parties, it would be expedient to go through the facts of this case. Briefly stated, the prosecution case is that Dr. Shaista Mannan Wasanwala lodged a missing report of her husband Dr. Mannan Abdul Hussain Wasanwala on 20.6.2006 at about 22:50 hrs. at police station Civil Lines, Aligarh, stating that when her husband did not return home from his clinic at Venus Tower till 8:30 P.M. she tried to contact him on mobile but his mobile was found to be switched off and despite all possible efforts, his whereabouts could not be known. Again on 1.7.2006, she lodged a first information report at police station Civil Lines narrating the entire event of abduction of her husband Dr. Mannan Abdul Hussain Wasanwala referring to a call dated 24.6.2006 by some unknown person demanding Rs.40 lakhs ransom for release of her husband Dr. Mannan Abdul Hussain Wasanwala followed by such frequent calls with a threatening to eliminate her husband if the money was not tendered. Being panicked and awe-struck, she made all efforts to arrange the money but could not succeed. The report further referred to the last call dated 1.7.2006 from one Shaimuddin, who had threatened that her husband would be killed if the ransom money was not paid by tomorrow. On the basis of the first information report dated 1.7.2006 as well as the missing report dated 20.6.2006, a case was registered as Case Crime No.263 of 2006 under Section 364A IPC at Police station Civil Lines, Aligarh and special report of the incident was sent to the higher authorities. The police swung into action and the investigation proceeded and Rajesh Kumar Dwivedi, SHO Civil Lines, who was the Investigating Officer, recovered Dr. Mannan Abdul Hussain from the clutches of abductors the same day at about 9.30 P.M. Recovery memo was prepared on the spot and accused Shamshad, Alimuddin and Bhura Khan alias Bhalu were arrested on the spot. The police took them on remand and the other accused were arrested on the basis of confessional statement of the above accused. Dr. Mannan was medically examined, site plan was prepared, statements of arrested accused were recorded and they were medically examined, mobile call details of the accused were investigated. After completion of investigation, Investigating Officer submitted charge sheet against accused persons under Section 364A IPC and a separate charge sheet under Section 364A IPC, against absconding accused Lalu alias Uvesh and Chand Khan was also submitted before the court. The learned Chief Judicial Magistrate took cognizance on the charge sheet and committed the case to sessions court for trial of accused. Thereafter, charges were framed by the trial court against the accused under Sections 364A and 120B IPC. They denied charges and claimed trial.

(3.) The prosecution examined PW-1 constable Anil Kumar, PW-2 Dr. Shaista Mannan Wasanwala, PW-3 Dr. Mannan Abdul Hussain Wasanwala, PW-4 Sunil Kumar Tyagi, Inspector Special Task Force, PW-5 Yogendra Singh Bhati, SI, S.O.G. Team, PW-6 Rajesh Kumar Dwivedi, SHO Civil Lines and PW-7 Ram Pal Singh Inspector to prove the prosecution case. After the prosecution evidence was over, statements of the accused under Section 313 Cr.P.C. were recorded by the trial court.