BALINDAR KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants by preferring the appeal under Section 374 of the Code of Criminal Procedure [for short "the Code"] assailed the legality and validity of their conviction under Section 364A read with Section 120-B of the IPC and consequent sentences of imprisonment for life and a fine of Rs. 500-00 with default clause passed on 18.12.2007 by 20th ASJ (Fast Track Court), Indore in S.T. No. 212/2005.

(2.) Briefly stated the prosecution case as unfolded before the Trial Court is that on 16.12.2004 Kailash Baheti (60 years) a businessman of Indore City left his residence for morning walk at 4.30 AM. It was stated that normally he returns back at home around 7.00 AM, but on the date of incident he did not return. Then around 7.30 AM his sons Sanjay and Vipin got worried about him and made enquiries. They found that their father's car was parked near Zanjeerwala Chouraha. Both the sons tried their best but they could not gather any positive information about their father. Thereafter Vipin went to Police Station Tukoganj, Indore and lodged the missing report of his father which was registered as Gumshudgi No. 29/2004. On the same date, Sanjay received a call on his mobile-phone from an unknown person who introduced himself as Raja. Raja told him that his father (Kailash Baheti) is abducted and is in his possession and Rs. 5 crores be kept ready to pay as ransom. Sanjay informed the police about the telephonic call which he has received on his mobile-phone. Thereafter police registered a case under Sections 364, 365, 368 and 120-B of the IPC against unknown persons and started investigation. Mobile-phones of Vipin, Sanjay and land line phone of their residence were kept on surveillance and the conversations were recorded. It was found that on each communication, the abductors used different sim cards. Sanjay (son) and Santosh (son-in-law) negotiated with the abductors whereupon they agreed to accept Rs. one crore as ransom. The abductors asked Sanjay to come to Nagpur with Rs. one crore. Sanjay, Santosh and Radheyshyam reached Nagpur whereupon Sanjay received the message to come at Kolkata. Then they started by train for Kolkata. In the middle of journey Sanjay again got the message to get down at Bilaspur so as to deliver the ransom between Bilaspur and Nagpur. That as per the instructions of the abductors Sanjay and others got down at Bilaspur and started waiting for further instructions of the abductors, in the meanwhile, they got the information that Kailash Baheti has been released and he has reached to Nagpur.

(3.) Meanwhile Indore police sent the information to neighboring States and requested them for apprehending the culprits. After lapse of a month, on 17.01.2005, during checking at Dharseema, District Raipur (C.G.) appellant Balvinder Singh, Khalid, Santosh Singh and Shailendra were arrested under Section 41(2) of the Code, but Gopal Tiwari escaped. Gopal Tiwari @ Baba informed the appellant Sajid Ansari that police can arrest him at any time, therefore, he must release Kailash Baheti immediately. Thereafter Kailash Baheti was released in the forest between Wardha to Nagpur. Somehow Kailash Baheti reached Nagpur, then with the help of police he reached at Indore.