MULANI DAWOOD HUSAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the impugned judgment and order dated 23rd August 2016, the learned Additional Sessions Judge-I, Niphad has convicted accused Nos.1, 2, 3, 4, 5, 6, 9 and 11 for offences punishable under section 364A read with section 120B of the Indian Penal Code (IPC), section 386 read with section 120B, section 395 read with sections 397 and 120B, section 347 read with section 120B as well as section 506(II) read with section 120B of IPC. For the offence punishable under section 364A read with section 120B of IPC, all the applicants have been sentenced to suffer life imprisonment. The applicants in Criminal Application No.1502/2016 are accused Nos.3, 4 and 5. The Applicant in Criminal Application No.1269/2016 is accused No.2. The Applicants in Criminal Application No. 1262 of 2016 are the accused No.6 and 11. The Applicant in Criminal Application No.55/2017 is accused No.1 and applicant in Criminal Application No.1289/2017 is accused No.9. These applications are filed for suspension of sentence and for grant of bail pending the hearing and final disposal of appeals. The other applications are by the complainant for intervention.

(2.) The allegation of prosecution is of kidnapping of P.W.15- Shankarlal for ransom of Rs.5 crore. P.W.11- Karsandas is the brother of the victim of offence who is the complainant. The case of the prosecution is that on 19th December 2012, Shankarlal who was an onion merchant had gone to market for doing his daily transactions. On that day, around 6.30 p.m., Shankarlal went to old market by motorcycle. He did not return home. As Shankarlal did not return home and he could not be contacted, the complainant- Karsandas in the night of 19th December 2012 and 20th December 2012 tried to call on cell phone of Shankarlal around 1.30 a.m. which was picked up by a stranger who told him in Hindi language that Shankarlal was in their custody. On 20th December 2012, in the morning at about 7am, on his mobile phone, Karsandas received a call informing that his brother Shankarlal was in the custody of the person calling him and a ransom of Rs.15 crore was demanded. The person on call threatened that in the event he informs the police, they would kill Shankarlal. P.W.11- Karsandas filed a complaint with the Police between 8.00 to 8.30 am. At 4.30 pm, he again received a call from cell phone of P.W.15- Shankarlal. He told the person making the call that he was willing to pay them a sum of Rs.5 Crores. That was accepted and the call was disconnected. P.W.11- again received calls from the cell phone of P.W.15- and was told to come to Nashik with the amount. After he started towards Nashik in his car along with his driver carrying cash of Rs.5 crores kept in three bags, he kept on receiving calls to come from one place to another. From Sangamner, he was told to proceed to Nagar Road and from Nagar Road to Shiblapur road. He described as to how he met three persons who came by a motor bike. P.W.15 was sitting in Matiz car parked there. One person was carrying pistol. He described as to how he handed over the cash to the said three persons around 9.30 pm and took with him P.W.15 who was injured. He reached home with P.W.15 around midnight. Next day, he reported the episode to the Police.

(3.) The police started investigation of the crime. The police inquired about the cell phone number from which calls were received by Karsandas and traced the location of the said cell phone. On 20th December 2012, around midnight, the police called two persons to act as Panchas. For conducting a raid, the police decided to use a private vehicle. They proceeded to village Kharshinde in Taluka- Sangamner. The police party encircled 8 persons and apprehended them. The police found the accused No.1 in custody of one loaded pistol having 5 bullets. He was in possession of currency notes of Rs.1.25 crore of denomination of Rs.500/-. It was kept in a bag. They found cell phone with him. In personal search of accused No.2, it was found that he was having a single bore pistol made in Italy containing eight rounds and one mobile phone. Accused No.3 was found possessing a bag having currency notes of Rs.90 lakh of denomination of Rs.500/-. Accused No.4 was found to be in possession of one pistol with 8 rounds loaded therein. A bag was found near the head of accused No.4 in which currency notes of Rs.2.25 crore of denomination of Rs.500/- and Rs.1,000/- were found. A bag was found near the head of accused No.5 containing cash of Rs.60 lakh of denomination of Rs.500/- whereas various articles were found in custody of other accused. Accused No.8 was found to be in possession of a bag containing 57 rounds/ cartridges. The police also seized a car of Matiz make and two motor-bikes. The seat in the car was having blood stains. On 22nd December 2012, even the other accused being accused Nos.9 to 11 were arrested.