MADANSINGH HIRASINGH BHAKUNI Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are directed against the judgment dated 22.05.2009 whereby the learned Sessions Judge has convicted the aforesaid appellants, (hereinafter referred to as the accused) for the offence punishable under Section 364-A r/w 34 of the I.P.C. and sentenced them to under go RI for life and to pay fine of Rs. 200/- in default S.I. for 15 days and further convicted under Section 3 r/w 24 of the Arms Act and sentenced to undergo RI for one year and to pay fine of Rs. 200/in default SI for 15 days. The brief facts necessary to decide these appeals are as under. Punit Sanghvi, the victim and the accused No. 1, Madansingh Bhakuni were studying in Godavari High School, Chinchwad. On 29.09.2005 there was a parent teacher meet in the school. While the victim Punit was about to leave the school, the accused Madansingh requested him to come to his house to teach him accountancy. It is alleged that the accused Madansingh took Punit to the room of the co-accused Manojkumar (A-3) and Mahendrasingh, a juvenile. It is alleged that the accused Madansingh dragged Punit into the room while the co-accused Manojkumar and Mahendrasingh had revolver and knife in their hands and threatened to kill him in case he raised an alarm. They informed the victim Punit that they had kidnapped him for ransom and asked him to give the mobile number of his father. Thereafter, they covered his face with tape and kept him confined in the room, till 03.10.2005.

(2.) It is the case of the prosecution that during the said period, the accused made several calls to PW-1 Dilip Sangvi, the father of Punit and demanded ransom of Rs. 20 lakhs. On receiving the first call on 29.09.2005, Dilip Sangvi lodged a report at Exh.22, pursuant to which PW-14 Satish Deore, P.I. registered C.R. No. 377 of 2005 at Pimpri Police Station against the unknown persons for offence punishable under Section 364-A r/w 34 of the IPC. It is the case of the prosecution that from 29.09.2005 till 02.10.2005, the accused had made several ransom calls to PW-1 Dilip Sangvi. PW-1 had divulged the subsequent events to the Police, pursuant to which his supplementary statements came to be recorded. It is further the case of the prosecution that PW-1 had recorded the conversation of the kidnappers and had handed over the said audio cassette to the Investigating Officer, which was seized under panchanama at Exh. 130.

(3.) It is alleged that on 03.10.2005, the brother of Madansingh rescued the victim and dropped him near his house. PW-14 Satish Deore, recorded the statement of the victim Punit (PW-2) and referred him to Yeshwantrao Chavan Hospital for medical examination. PW-11 Dr. Arvind Patil examined PW-2 Punit and submitted the medical certificate at EX. 101. Pursuant to the statement of the victim, PW-14 Satish Deore arrested the accused. Upon interrogation, the accused made disclosure statements, which led to the recovery of the revolver, knife and cookary. The police obtained the voice samples of the accused and sent the same for voice analysis. The police also recorded the statements of the witnesses and on completion of the investigation, a final report implicating the accused was filed before the J.M.F.C., Pimpri, Pune.