GAUTAM DUTTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) These five criminal appeals as well as two criminal revisions, arising out of the same case, were heard together and are being disposed of by the common judgment.

(2.) The appellants namely, Gautam Dutta, Md. Imran Khan, Md. Nazir @ Manshedu, Kundan Gupta @ Kundan Prasad Gupta, as well as one Md. Safique (since acquitted), were put on trial on the accusation of kidnapping a minor boy Atif Mustafa in furtherance of their common intention and then killing him and disposing of the dead-body in order to screen themselves from legal punishment. The trial court while acquitting Md. Safique did find the aforesaid appellants guilty of the charges and thereby the appellants-Md. Nazir @ Manshedu and Kundan Gupta @ Kundan Prasad Gupta were convicted for the offences punishable under Sections 364A, 302, 201, 364A/120B of the Indian Penal Code whereas appellants-Gautam Dutta and Md. Imran Khan were convicted for the offences punishable under Sections 364A, and 364A/120B of the Indian Penal Code vide judgment dated 30.1.2010 and thereupon appellants-Md. Nazir @ Manshedu and Kundan Gupta @ Kundan Prasad Gupta were sentenced to undergo rigorous imprisonment for life without there being any remission for the offence punishable under Sec. 364A, 302 and 364A/120B of the Indian Penal Code and to pay a fine of Rs. 10,000.00 for each of the offence with default clause and further to undergo rigorous imprisonment for seven years for the offence punishable under Sec. 201 of the Indian Penal Code and to pay a fine of Rs. 5,000.00 and the appellant-Gautam Dutta was sentenced to undergo rigorous imprisonment for life without there being any remission for the offence punishable under Sections 364A and 364A/120B of the Indian Penal Code and to pay a fine of Rs. 10,000.00 for each of the offence whereas appellant-Md. Imran Khan was sentenced to undergo rigorous imprisonment for life for the offence punishable under Sections 364A and 364A/120B of the Indian Penal Code and to pay a fine of Rs. 10,000.00 for each of the offence.

(3.) The case of the prosecution is that as usual on 9.10.2009 Atif Mustafa (deceased), Son of Gulam Mustafa Ansari (P.W.26) and Fatima Khatoon (P.W.25) had gone to Denobili school on the van being driven by appellant-Gautam Dutta. When the informant-Gulam Mustafa Ansari (P.W.26) came home at about 9am on 9.10.2009 after doing night duty, he slept in the house. While he was sleeping, several calls were made on his mobile. At 2 O'clock the informant received a call on his mobile whereby caller informed him that his son has been kidnapped and demanded ransom of Rs. 5 lakhs. Thereupon, he immediately rang to the appellant-Gautam Dutta who informed that he is not able to trace out the child. Thereafter he along with his brothers-Ghulam Rabbani (PW12) and Md Akhtar Ansari (PW14) came to the school where also he received a call whereby ransom was demanded.