- (1.)These appeals arise out a common judgment and order dated 21st January, 2009 passed by the High Court of Gujarat at Ahmedabad whereby Criminal Appeal No. 244 of 2000 filed by Gautam Kumar @ Sudhir Kumar Manilal and Criminal Appeal No. 99 of 2000 filed by Vijay Ranglal Chorasiya against their conviction and sentence of imprisonment for life have been dismissed while Acquittal Appeal No. 1326 of 2006 filed by the State against the acquittal of Gautam Kumar Devijibhai (Appellant in Criminal Appeal No. 1125 of 2009) has been allowed and the said Appellant convicted for offences punishable Under Sections 364A read with Section 120B Indian Penal Code and sentenced to undergo imprisonment for life. Conviction and sentences awarded to the Appellants Gautam Ramanuj @ Sudhir Kumar Manilal and Vijay Ranglal Chorasiya Under Section 364 read with Section 120(B), Sections 341, 342, 343 and 346 read with Section 34 Indian Penal Code have also been upheld by the High Court with the direction that the sentences shall run concurrently.
(2.)Manish, examined at the trial as PW 13 in Sessions Case No. 99 of 1998, was on 15th July, 1997 returning home from his office around 7.30 p.m. in his Maruti car bearing registration No. GJ-1-16A-9992. At the railway bridge near ONGC office, Ankleshwar, a Cielo car overtook and stopped him. Three occupants travelling in the Cielo car came out and assaulted Manish on the pretext that he had ignored their signal while driving over the bridge. He was pushed into the Cielo car and driven away from the spot.
(3.)At around 8.20 p.m. Manish was asked to make a phone call at his residence which was answered by Maltiben, his mother. Manish simply told her that he will not come home for dinner. Manish was forced to make another phone call at 10 minutes past 10 in the evening in which he was asked by his captors to tell his father Bhupendra Prabhulal Shah (PW 3) that he had been abducted. This call was followed by another call made at 10.30 p.m. in which the abductors demanded a ransom of rupees one crore for the safe release of Manish, their catch. Bhupendra Prabhulal Shah (PW 3) pleaded that he did not have the amount demanded by the abductors, but the latter declined to scale down their demand.