MOHAMMAD IMDAR ALI @ RITHUL M R SON OF MOHAMMAD UMED ALIJHA Vs. STATE THROUGH P P HIGH COURT OF BOMBAY AT PANAJI GOA

JUDGEMENT

(1.) In all these appeals, the Appellants, challenge the judgment and order dated 20th May, 2013, in Sessions Case No.38 of 2009 by which the Appellants came to be convicted by the Additional Sessions Judge, South Goa, Margao, for offences punishable under Section 364-A read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay a fine of Rs.10,000/- each or in default to undergo rigorous imprisonment for three months. By the same judgment and order, the Appellants came to be acquitted for offence punishable under Section 506(ii) read with 34 of the Indian Penal Code as also Section 3 read with Sections 25 and 28 of the Arms Act.

(2.) Criminal Appeal No.39 of 2013 has been instituted by Mohammad Imdar Ali ( Ali) who was arrayed as Accused No.4 ( A-4) in Sessions Case No.38/2009; Criminal Appeal No.3 of 2018 has been instituted by Srinivas Gauramkondu, (Srinivas) who was arrayed as Accused No.2(A-2) in Sessions Case No.38/2009 and Criminal Appeal No.50 of 2018 has been instituted by Suraj Kumar Jha ( Suraj) who was arrayed as Accused No.3 (A-3) in Sessions Case No.38/ 2009. The learned counsel for the parties agree that since the challenge in all these appeals is to the common judgment and order dated 20th May, 2013 in Sessions Case No.38/2009, it is only appropriate that these appeals are disposed of by a common judgment and order.

(3.) The charge was framed on 15th January, 2010 against all the Appellants that on 23rd July, 2009, they, along with one juvenile Parikhit Handique with common intention kidnapped Ayaz Sayyed, r/o Chicalim, in a maruti van bearing registration No. GA-01-R-7954, changed the number plate of maruti van to GA-01-S-8404, took Ayaz to Cabo-de-Rama, demanded ransom of Rs.15,00,000/- from the brother of Ayaz, Aamir Sayyed, threatened the said Aamir with dire consequences that Ayaz would be killed if Aamir reports the matter to the police. For all these acts, the Appellants were charged for offences punishable under Section 364-A read with Section 506(ii) read with Section 34 of Indian Penal Code. The Appellants were also charged that they, with common intention carried/used fire arms without licence, thus committing offence punishable under Section 3 read with Sections 25 and 28 of the Arms Act. The Appellants pleaded "not guilty" to all the aforesaid charges and claimed to be tried.