BALASO MARUTI KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants are challenging the judgment and order dated 1-4-99 passed by the learned IInd Additional Sessions Judge, Kolhapur in Sessions Case No. 61 of 1998. By the said judgment and order, the appellants have been convicted for the offence punishable under section 364-A r/w section 34 I. P. C. and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/- i. d. to suffer R. I. for six months.

(2.) THE facts which are evident from the evidence on record, are briefly stated as under :-The incident took place on 9-4-97 at Hupari, Taluka Hatkanangle, District Kolhapur. One minor boy viz. Sanjyot Satish Gajare (P. W. 10) was about 9 years old at that time. The said Sanjyots father was the nephew of the complainant Ashok Bhoje (P. W. 7 ). The father of the said Sanjyot was previously residing at Hupari. However, he shifted to Kagwad (Karnataka State) and therefore, Sanjyot and his sister Nikita were residing with Ashok Bhoje whom he regarded as a grandfather. Sanjyot was studying in an English School at Hupari. On 9-4-97, as usual, Sanjyot Gajare had left for his school in the morning at about 7. 00 a. m. When Sanjyot was near the compound of the school, he was forcibly put in a car by appellant No. 1 Balaso Maruti Kale (original accused No. 1) and appellant No. 2 Anil Maruti Kale (Original accused No. 2 ). The appellant No. 2 Anil Kale threatened Sanjyot to kill him and Anil Kale was having a knife with him. They took the car in a field. In the field, Sanjyot was taken to one room where his hands and legs were tied with rope. Sanjyot was asked for the phone number of his house and Sanjyot gave the phone number. Thereafter, appellant Balaso Kale left the room and went away in a car. However, appellant No. 2 Anil Maruti Kale remained with Sanjyot inside the room. One adhesive tape was later applied to the mouth and eyes of Sanjyot. They were in the room till evening. Meanwhile, Ashok Bhoje had been to his shop at 10. 00 to 10. 30 a. m. and he returned back at about 12. 00 to 12. 30 p. m. from the shop. Nikita i. e. the sister of Sanjyot returned from school in the afternoon, however, Sanjyot did not return. The complainant-Ashok Bhoje searched for Sanjyot, however, he did not find him and returned back to his house at about 3. 00 p. m. Thereafter, he received one telephone call. The person on the phone informed Ashok Bhoje that they have kidnapped Sanjyot Gajare and he asked for ransom amount of Rs. 3 lacs and threatened to kill Sanjyot if the ransom amount is not paid. He also threatened the complainant not to inform to the police. The person on the telephone further informed that he should keep the ransom amount of Rs. 3 lacs ready and he will again give a telephone message as to where the amount is to be paid. After receiving the said telephone message, Ashok Bhoje narrated this incident to his friends. After discussion with his friends, Ashok Bhoje went to the Police Station and narrated the incident to the Police Officer on duty i. e. P. W. 14 Ashok A. Kalekar. At about the same time, P. S. I. Kalekar had received one telephone call from one Jaykumar Gath (P. W. 8) that one boy is kept in one room in the field adjoining his field. The person on telephone informed that he had heard wailing sound of a boy from that room. Thereafter, Ashok Bhoje, his friends alongwith Police Constable Nivrutti Mayekar (P. W. 11) went towards the house of Jaykumar Gath and alongwith Jaykumar Gath went to the said field. Jaykumar Gath pointed out the room where the boy was confined. When all of them reached near the room, they saw the original accused No. 3 Maruti Kale standing below one tree which was at a distance from the said room. The room was locked from outside. They broke open the lock and entered inside the room. Therein they found the kidnapped boy Sanjyot Gajare. The hands and legs of Sanjyot were tied. An adhesive tape was applied to his mouth and eyes. The appellant No. 2 i. e. original accused No. 2 Anil Kale was found standing in the room with a knife in his hands. Sanjyot was rescued from the room and thereafter, all of them went to the Police Station alongwith accused Anil Kale and Maruti Kale. Thereafter, the complaint of Ashok Bhoje came to be registered vide C. R. No. 17/97 at Hupari Police Station. After the completion of investigation, the charge-sheet came to be filed against the present appellants and their father original accused No. 3 Maruti Kale.

(3.) THE case was committed to the Court of Sessions in the usual manner. The present appellants Balaso Kale and Anil Kale alongwith original accused No. 3 Maruti Kale were initially charged for the offences punishable under sections 364 r/w 34, 387 r/w 34, 342 r/w 34 and 506 (II) r/w 34 I. P. C. However, thereafter, the charge came to be altered to section 364 (A) r/w 34 and section 342 r/w 34 I. P. C. The learned Advocate for the appellants stated that after the charge was altered, all the accused persons were given sufficient opportunity to again cross-examine the witnesses. All the accused persons pleaded not guilty to the said charges framed against them and claimed to be tried.