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2009 Supreme(AP) 519

High Court of Andhra Pradesh
D.S.R. Varma, B. Seshasayana Reddy, J.
Mayank Bohra : Appellant
Versus
State of Andhra Pradesh : Respondent
Criminal Appeal No. 1592 of 2006
Decided On : Aug 03,2009

Advocates Appeared:
A. Reddy, K. Suresh, T. Balaji Reddy,

Headnote:

Criminal Act – Criminal appeal is directed against the judgment dated passed in Sessions case No. 206 of 2002 on the file of the metropolitan Sessions Judge where under learned metropolitan Sessions Judge found A1-Mayank guilty for the offences under sections 302, 397, 364-A, 307, 506 of Arms Act and convicted him accordingly and sentenced him to suffer life imprisonment and to pay a fine of for offence under section 302 IPC life imprisonment and fine for offence under Section 364-A IPC; rigorous imprisonment for seven years for offence under Section 307 rigorous imprisonment for seven years for the offence under Section 397 rigorous imprisonment for three years for offence under Section 506-Part II IPC and rigorous imprisonment for two years for the offence under Section 25 of Arms Act while recording acquittal alias Boon for the offence under Section 25 of Arms Act – Held, Learned Senior Counsel argued that the specimen hand writing and specimen finger prints are obtained neither in the presence of Magistrate nor under the orders of the Court and therefore the opinion of the Scientific Officers who have been examined as PW18, 20 and 24 is of no avail to the prosecution – Indisputably the specimen handwritings and fingerprints of a1 were taken neither in the presence of the Magistrate nor under the orders of the court specimen handwritings, finger prints and chance fingerprints and standard handwritings were sent to the scientific officers by PW25 did not claim to have properly packed the specimen handwritings, fingerprints, chance prints and standard writings while being forwarded to the Scientific Officers Scientific Officer who has examined the standard writings and disputed writings did not speak of her receiving the material from Investigating Officer in a properly sealed manner is a gap of nearly a month between collecting the material and forwarding same to scientific Officer – What proper care the investigating Officer has taken to keep the incriminating material intact is not evident from the record – In these circumstances we find it difficult to give any authenticity to report submitted by the Scientific Officers. Even if this piece of evidence is discarded, the other circumstances which have been referred to supra gave ample corroboration to the testimony of PW2 – Criminal appeal is partly allowed.

JUDGMENT

(1) This criminal appeal is directed against the judgment dated 17. 10. 2006 passed in Sessions case No. 206 of 2002 on the file of the metropolitan Sessions Judge, Hyderabad, whereby and where under the learned metropolitan Sessions Judge found A1-Mayank Bohra guilty for the offences under sections 302, 397, 364-A, 307, 506-Part II of IPC and 25 (1b) (a) of Arms Act and convicted him accordingly and sentenced him to suffer life imprisonment and to pay a fine of Rs. 100/- for the offence under section 302 IPC; life imprisonment and fine of Rs. 100/- for the offence under Section 364-A IPC; rigorous imprisonment for seven years for the offence under Section 307 ipc; rigorous imprisonment for seven years for the offence under Section 397 IPC; rigorous imprisonment for three years for the offence under Section 506-Part II IPC and rigorous imprisonment for two years for the offence under Section 25 (1b) (a) of the Arms Act while recording acquittal of a2 Khurminal Doungel alias Boon for the offence under Section 25 (1) (a) of Arms Act.

(2) The case of the prosecution, in brief, is:

(a) A1-Mayank bohra imbibed ambition to become rich by hook or crook. He got influenced by crime movies, more particularly, English movie viz. , KNR (Kidnap and Ransom). He secured a Maruti Van bearing No. AP 9 Q 7374 and changed its number plate as WB-20-7301, purchased a toy pistol, four knives, plastic rope bundles, gloves, binoculars, masks, wigs etc. He took a flat in Sai Praveen Kuteer, Methodist colony, Begumpet, to carry on his operation. He targeted Dulichand Surana to extract money from him. It appears once ULFAs at Assam kidnapped PW1 Dinesh Surana son of Dulichand Surana and thereupon dulichand Surana paid Rs. 1. 00 Crore to get his son PW1 Dinesh Surana released. PW1 Dinesh Surana and PW. 3 Rajesh surana are twins and they are sons of dulichand Surana and PW2 Manju surana. They were to celebrate their birthday function as well as New Year day on the night of 31. 12. 2001 at Hotel Taj krishna, Banjara Hills. They reside in srinath Complex, S. D. Road, Secunderabad. Dulichand Surana and his wife-PW2 manju Surana left their residence in a santro car bearing No. AP 28 5001 at about 10. 00 or 10. 30 p. m. to Hotel Taj Krishna, banjara Hills. PW1 Dinesh Surana, PW3 rajesh Surana, PW4 Narayana Agarwal and other family members were to come by a Qualis to Hotel Taj Krishna. Dulichand surana was on driving seat of Santro car and whereas his wife PW2 Manju Surana was by his side. On reaching Automic mineral Development Office, Begumpet, A1 mayank Bohra who had come there arrived there on his white Maruti Van, stopped the santro car driven by Dulichand Surana. A1 got into the Santro car and took a rear seat, pointed a pistol on temple of Dulichand surana and directed him to move the car. In the meanwhile, PW1 Dinesh Surana, pw3 Rajesh Surana and other family members reached near Automic Mineral development Office and found the Santro car stationed there. PW1 Dinesh Surana got down from Qualis and tried to reach the santro Car. Finding PW1 Dinesh Surana coming near the Santro car, Dulichand surana shouted at him to run away. A1 directed Dulichand Surana to drive the santro car towards flyover and after getting down the flyover, made him to stop the car on left side in a lane near Blue Moon hotel. A1 tied the hands of Dulichand surana and his wife PW2 Manju Surana and made them to sit on back seat. He drove the Santro car upto Amruta Mall and then took a turn and reached a secluded place at Mahindra Hills, where road was up gradient. He demanded Dulichand surana to pay Rs. 2. 00 Crores otherwise he would kill him and his wife. Dulichand surana pleaded his incapacity to arrange such a huge sum. However, he agreed to secure Rs. 10. 00 Lakhs within two hours. He closed the nostrils of Dulichand Surana and hacked him with a knife on face, chest, abdomen and thighs. PW2 Manju surana pleaded him to leave her husband dulichand Surana. She offered to give






















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