Judgment

K.G. BALAKRISHNAN, C.J.I. - All these appeals arise out of judgment dated 30 - 7 - 2004 of the Additional Designated Judge, Ahmedabad in TADA Criminal Case No. 22 of 1996. 14 accused were tried for the offences punishable under Sections 395, 365, 365 - A, 212, 465, 471 read with Section 120 - B IPC and also under Sections 3 and 5 of the TADA Act read with Section 120 - B IPC. They were also charged under Sections 25(1 - B)(a) and 27 of the Arms Act read with Section 120 - B IPC. Out of the 14 accused, accused A - 1, A - 2, A - 3, A - 7, A - 8, A - 11, A - 12 and A - 14 were found guilty of offences punishable under Sections 120 - B, 342, 365 and 384 IPC and were acquitted of other offences. The other accused A - 4, A - 5, A - 6, A - 9 and A - 10 were not found guilty. Accused A - 13 died during the pendency of the trial. Criminal Appeal No. 1228 of 2004 has been filed by the accused who have been convicted by the Special Judge. Criminal Appeal No. 129 of 2005 has been filed by the State alleging that the acquittal of the accused - appellants in Criminal Appeal No. 1228 of 2004 for certain other offences for which they were charged was not justified. Criminal Appeal No. 130 of 2005 is filed against the acquittal of accused A - 4, A - 5, A - 6, A - 9 and A - 10 of all the offences charged against them.

2. The prosecution case was that the accused persons hatched a criminal conspiracy to kidnap PW 7, Vedprakash Devkinandan Chidipal and extort a ransom of Rs 1 crore from him. One Sherjada (now deceased) called the assistant of A - 12, Musakhan @ Babakhan Ismailkhan, A - 11, Jahangir Mahammadanwar Saiyed and A - 1, Abdulvahab and together they planned to kidnap PW 7 Chidipal. The other accused, namely, A - 2, A - 3, A - 8 and A - 14 were also present. In pursuance of their common object, on 22 - 2 - 1994 they all went to Pirana Road in a Maruti car, a Maruti van and a Yamaha motorcycle. PW 7 Chidipal was found going in a Maruti 1000 car and his a vehicle was driven by one Sangramsinh. The Maruti car wherein some of the accused - appellants were travelling overtook the Maruti 1000 car driven by Sangramsinh and made that car to stop. One of the accused opened the door of the Maruti 1000 car near the drivers seat, pushed the driver from his seat and took control of the vehicle. Two other accused entered the car and sat on either side of PW 7 Chidipal. The car was driven to octroi naka and after b some time, driver Sangramsinh was pushed out of the car. PW 7 Chidipal was then moved to a white Maruti van and his eyes were bandaged with cotton.

He was taken to a room and confined there for two days. The accused took the telephone numbers of the brothers of PW 7 Chidipal. PW 11, Jaiprakash, brother of Chidipal was contacted and told that he shall not inform the police and a sum of Rs 1 crore was demanded from him. Nobody came forward to c give money to the accused. On 24 - 2 - 1994, PW II Jaiprakash was contacted again and told to reach the house of PW 9, Sattar. PW II Jaiprakash and one Shivbhagwan went to the house of PW 9 Sattar in a white Maruti car with four bags. Again, PW II Jaiprakash was told to go to Anjuman High School at Astodia and was directed to leave his Maruti car behind a rickshaw. They left the Maruti car behind the rickshaw and came back to the house of PW 9 d Sattar Bhai. At about 10.00 p.m. on that day, PW 7 Chidipal came back to his house. Sangramsinh the driver of PW 7 Chidipal went to Yatva Police Station. He gave a first information statement to the Police Inspector and investigation started pursuant to his statement. The Maruti 1000 car owned by PW 7 Chidipal was found parked by the side of the road. It was recovered under Ext. 182 - B panchnama. PW 24, Police Inspector searched the house of e A - 7, Salim Noormahammad Haveliwala and recovered a diary which contained the telephone number of Chidipal Textile Mill. A - 9, Prakash Shobhnath was arrested on 2 - 6 - 1994 and a sum of Rs 50,000 was recovered