Prakash Kumar @ Prakash Bhutto vs State Of Gujarat [Alongwith Criminal ...

2. The appellant in Criminal Appeal No. 526/2001 was the ninth accused and was convicted for the offences punishable under Sections 120B, 342 and 365 IPC. All the accused were charged for various offences under IPC, TADA Act and Arms Act. The allegation against the appellant was that on 26-9-1993 at about 2.00 P.M, he alongwith other accused kidnapped one Babulal Misrimal Jain and kept him in confinement for two days and extorted money. The said Babulal Misrimal was the owner of Ratnamani Tubewell Limited at Kalol. On 26-9-1993, he went for a community lunch held at Rani Sati Hall in Ahmedabad. After the lunch he was standing outside the hall with his friends when the accused came in a Maruti-van and accused No. 2 Mohammad Salim (now deceased), accused No. 3 Iqbal Hussain and accused No. 10 Mohammad Atik dragged him into that van. Thereafter they took him to an unknown place and kept in confinement. When Babulal Misrimal was being taken away, some of his friends and relatives standing outside made a hue and cry and it was alleged that accused No. 3 Iqbal Hussain and accused No. 10 Mohammad Atik opened fire by using their revolvers. Babulal Misrimal was taken to Amul Process House at Danilimbad owned by accused No. 6. Thereafter, the accused demanded Rs. 60 lacs from the brothers and relatives of Babulal Misrimal. Finally, the deal was struck at Rs. 25 lacs. The amount of ransom was received and it was shared amongst all the accused. The major share of Rs. 4 lacs was paid to accused No. 1 Abdulwahab. An amount of Rs. 40,000/- was received by accused No. 10 Mohammad Atik. Prosecution also alleged that some of the accused purchased properties making use of the money received from Babulal Misrimal. The accused No. 1 is reported to have also applied for a passport under a fictitious name. Another accused namely, Sherjada died during the course of investigation. Accused Abdul Latif though charge-sheeted died before the charge could be framed against him by the court.

3. On 26-9-1993 at about 2.30 P.M. Dinesh Ramanlal Shah gave a complaint to the Shahibaug Police Station. They registered the crime and informed the superior Police Officers about the incident. PW 18 visited the scene of occurrence and recovered two empty cartridges from the place and also the chappals and slippers. Police inspector Jivabhai Ratnabai Prajapati (PW 19) took over further investigation. He visited the scene of occurrence and recorded the statements of some of the witnesses who were available. Later, the investigation was handed over to another officer and on 9-4-1994 accused No. 3 was arrested. Thereafter Police Inspector Udaykumar Tribhavan took over the investigation and arrested accused Nos. 6 and 7 on 27-7-1994. A-4, A-l and A-2 were also arrested later. On 8-9-1994, the investigation was handed over to ACP, Shri B.R. Patil. He requested for Government sanction for invoking the provisions of TADA Act against the accused. A-8 was arrested on 12-3-1996. Accused Sattar Battery expressed his willingness to give a confession and accordingly the Assistant Commissioner of Police B.R. Patil recorded his confession under Section 15 of the TADA Act. PW 25, B.R. Patil, Assistant Commissioner of Police in Crime Branch at Ahemdabad arrested Babakhan s/o Ismailkhan on 11-1-1995. On 14-1-1995, accused Babakhan (A-11) expressed his desire to make a confession and he was produced before the Deputy Commissioner of Police, Shri A.K. Surolia. On the next date, that is, 15-1-1995, PW 25 was asked to produce A-11 Babakhan and his confession was recorded. Deputy Commissioner of Police, Shri A.K. Surolia gave the confession of A-11 Babakhan in a sealed cover to PW 25 B.R. Patil and asked him to produce A-11 Babakhan, along with the sealed cover containing his confession, before the Chief Metropolitan Magistrate.

7. Therefore, the finding of the Special Judge is erroneous. Criminal Appeal No. 526/2001 is allowed and the appellant herein is acquitted of all the charges framed against him. The appellant, who is on bail, is discharged from the liability of bail bonds.

8. Criminal Appeal No. 545/2001 and Criminal Appeal No. 665/2001 filed against the same judgment are also accordingly allowed and the appellants therein are acquitted of all the charges framed against them. The appellants, who are on bail, are discharged from the liability of bail bonds.