T.NAGARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) To connote or point out that the evidence in a given case is very weak, the general adage used is that even a dog cannot be convicted with the evidence on record. This case presents an example of that. It is rather unfortunate that six persons are languishing in jail since 2010 on being convicted and handed out the sentence of imprisonment for life. On every aspect, the case proceeded, just on the wrong lines.

(2.) P.W.2 is said to be a person hailing from Vijayawada, doing business in real estate. He is the nephew of P.W.1, who was living at Hyderabad. On 04.09.2006, P.W.2 is said to have received a phone call from one Sri Prasad Rao to the effect that the land nearby Ramoji Film City is available for sale and the discussion in relation thereto can be undertaken, if P.W.2 meets him. It is stated that P.W.2 came to Hyderabad on 05.09.2006 and as instructed by Prasad Rao, he proceeded to Sanjeeva Reddy Nagar Cross Roads in a Maruthi Car, together with his friend, P.W.3. Prasad Rao is said to have joined them in the Car, and on his instructions, the Car proceeded towards Ramoji Film City. On the way, about six persons were said to be present near a statue and out of them, four have boarded the Maruthi Car and asked P.W.2 to start. When questioned about the destination, they are said to have threatened him at the point of a pistol like object, putting it on his neck and that the Car was taken to Ramoji Film City.

(3.) On finding that P.W.2 did not return even during night and out of curiosity, P.W.1 telephoned him. P.W.2 is said to have replied him stating that the deal is in progress and he may not come in the night. At about 11.45 p.m., P.W.2 is said to have called P.W.1 to arrange about Rs.1 crore for purchase of the land. On the next day morning, another call is said to have been received by P.W.1 for arranging at least Rs.50,00,000/-. In the afternoon, P.W.1 is said to have received a phone call from two persons, by name Vikram and Jeevan, stating that they kidnapped P.W.2 and unless a sum of Rs.50,00,000/- is paid, they would kill P.W.2.