J U D G M E N T

(Delivered on 8th September 2021)

PER VIVEK RUSIA, J:-

This criminal appeal is filed under Section 374 of Cr.P.C. arises out of the judgment and order dated 04.02.2014 passed by the First Additional Session Judge, Indore, District Indore by which appellant has been convicted under Section 364-A of IPC and sentenced to undergo Life Imprisonment with a fine of Rs. 5,000/-, in default thereof, to further undergo 6 months, R.I.

(2). The case of the prosecution, in brief, is as follows: -

Rajesh and his father Gokul are the agriculturist and resident of Village Salriya Susner. Rajesh received a telephone on 13.10.2011 from one person named ‘Choudhary’. He directed him to bring opium and smack to Kolkatta. Rajesh has shown his inability, then he directed him to go Ujjain with 5 kg clarified butter, 2 kg spicy namkin and “ milan mehndi” and hand over to the person at Ujjain. Rajesh went to Ujjain along with his father Gokul and reached Ujjain at about 07-

08:00 pm. There, they met with one Pintu, who informed that the Choudhary has instructed him to bring Kolkatta with all the above materials. They requested Gokul for returning to the village but he insisted to go Kolkatta along with his son Rajesh. Rajesh,Gokul and Pintu boarded the train and later on 5-6 persons have jointed them. When they reached Vardhman Station and changed the train to reach Rampura Hart Station, where Choudhary met them and collected the aforesaid items. Thereafter, all of them reached one village, where they stayed for two days. The Choudhary assaulted his father and demanded Rs. 20,00,000/- failing which he would deport them to Bangladesh. Rajesh told them even he sells his entire land, he would not get more than 4-5 lakhs, the matter was settled of Rs. 7,00,000/-.

Rajesh gave a telephone call to Rameshwar and others for the arrangement of money by selling the land. The Rameshwar came to the Police Station- Tukoganj on 21.10.2011 to lodge an FIR, which was registered against unknown persons under section 364 of I.P.C. at crime No.686/2011. Thereafter, Rameshwar received a call and got instruction to go to Apollo Tower 335 Second Floor to hand over 7 lakhs to Lucky. He was directed to meet Lucky in the fake name of Ranjeet. Meanwhile, Investigating Officer Ashok Tiwari has moved to Kolkatta for investigation in this case. Rameshwar could arrange Rs. 80,000/- and remaining amount Rs. 3,00,000/- was provided by the employer of Lucky namely Ajay Seth. When this appellant came to collect the money from Deendayal (PW-11) he was arrested by local as well police personal of M.P. . Investigation officer has recovered Rs. 3, 80,000/- and Mobile from the appellant. He was produced to Metropolitan Magistrate, Kolkatta on 10.02.2021 and obtained the transit warrant to bring him to Indore. His memorandum under Section 27 of the Indian Evidence Act was recorded in which he disclosed the name of Abdul Ameen and Shevar Khan who were made accused and arrested . After the arrest of all three accused persons, Test Identification Parade was conducted in which Rajesh has identified the appellant on 19.11.2011 vide Ex. P/1. Rajesh has also identified Shevar Khan in Central Jail Indore vide Ex. P/2. After completing the investigation charge-sheet was filed against six accused persons (i) Ameen Khan, (ii) Abdul Momin Khan @ Bapi Momin, (iii) Shevar Khan, (iv)Tasleen Sheikh (absconding), (v) Pintu @ Bashadur Haq and (vi)Hairdar (absconding) under section 364-A and 120-B of I.P.C. Thereafter, the learned Magistrate committed the trail to the court of Sessions Judge. Learned Additional Session Judge took cognizance, secured the presence of the accused and after hearing both sides, fremed the charges under section 364-A and 120-B of I.P.C. for abduction and demanding of ransom for the release of Rajesh and Gokul.

During the pendency of the trial, Shevar Khan @ Waseer died on 27.09.2012 while taking treatment in the hospital, therefore, the trial was abetted against him on 28.0