2025:CGHC:61594 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 156 of 2004  Satish Chandrakar S/o Ravi Chandrakar, Aged about 21 years, R/o.

Subhash Nagar, Durg, Tah and Distt. Durg (C.G.)

---- Appellant Versus  State of Chhattisgarh Through P.S. Durg. Dist. Durg (C.G.)

---- Respondent For Appellant : Mr. Adil Minhaz, Advocate For State : Mr. Ajit Singh, Government Advocate Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board

15.12.202 5

1. Challenge in this criminal appeal is to the impugned judgment of conviction and sentence dated 23.01.2004 passed in Session Trial No.252/2001, by which, learned Additional Session Judge (FTC), Durg, Chhattisgarh, convicted the appellant for offence punishable under Section 364-A read with Section 34 of the Indian Penal Code and sentenced him to undergo RI for 07 years and fine of Rs.2,000/-, in default to undergo additional RI for 04 months.

2. In brief, the prosecution story is that on 18.03.2001, complainant Dr.

Girdhari Lal Bajaj (PW-13) was returning back from Durg to Amrawati alongwith his friend Chandi Ram (PW-14) and driver Udhdhav Shilke in his own Ford car No. MH/27/H/0990. Near about 11–11:15 am, when they crossed village Tumdibod, a Maruti car bearing registration No. MP/04/J/4227 came there and stopped in front of their vehicle. Six miscreants alighted from that Maruti car and surrounded the complainant's car. Ultimately, three miscreants by complainant's Ford car had gone towards Bhilai-Durg road and four miscreants captured the complainant and took him towards Bilaspur road in that Maruti car. Complainant's partner Gyanchand Agrawal (PW-9) received the information by 10 pm on the very same day that the complainant has not reached his house at Amrawati. Soon after Gyanchand Agrawal received telephonic calls in his mobile No. 98271-47701 from mobile number 98271-93568 and also from 98271-95415 demanding Rs.10,00,000/- as ransom at the place between Shivnath River and Anjora. Gyanchand Agrawal told the telephone caller that he is coming along with the said ransom in his vehicle No. MP/24/H/4995. He also intimated the alleged incident to his friend Manoj Agrawal. Then, Gyanchand Agrawal lodged the FIR Ex.P/8 on 19.03.2001 by 00:40 hours at Police Station, Durg. The police officials made a plan to nab the miscreants red-handed. Gyanchand Agrawal collected original notes of Rs.7880/- and bundled them with plain papers so as to give it an appearance of Rs.10,00,000/-. Then police parties, Gyanchand Agrawal and Manoj Agrawal proceeded in accordance with action plan.

3. Gyanchand Agrawal and Manoj Agrawal reached near Anjora by 02 to

02:15 pm on his said car. The car of the complainant came near them and they handed over the bag containing cash to the miscreants. Soon after, one police party comprising of CSP, Ajad Shatru Bahadur Singh, TI Ravindra Uppadhyay, SI Mohd Ismail Khan, Head Constables Chintamani, Rukhman Raman Singh, Dayashankar Pandey, Constables Puran Lal Sinha, Satyanarya Pathak, Amrit Lal Jaiswal reached near Changori-Birejhar road and chased the complainant's car. After the encounter, they found the three miscreants were present in the said Maruti car namely Subhash Singh, Sokh @ Sukhbindar Singh and present appellant/Satish Chandrakar. During the grappling, the miscreant Sokh @ Sukhbindar Singh received a bullet injury. S.H.O. Ravindra Upadhdhyay seized one automatic spring knife, one mobile phone bearing SIM No. 98271-93598, Rs. 2243.50/- from the miscreant Subhash Singh vide Ex.P/21. He also recorded memorandum statement (Ex.P/11) of Subhash Singh. He seized one country made pistol, one empty cartridge from Sokh @ Sukhbindar Singh vide Ex.P/20. He also seized one green bag containing Rs.7850/-, one live cartridge from the appellant/accused Satish Chandrakar vide Ex.P/22. S.I. Jagdish Uikey seized one Ford make car and some other articles from the spot vide Ex.P/19 and also seized empty cartridges, one knife and three welding rods from the said Ford car v