Decided on July 31,2013

Madan Singh @ Madhu @ Nibbu; Rajendra Singh @ Raju And Another Appellant


- (1.) Challenge in both the above-captioned appeals, being decided together, is to the judgment and order of conviction dated 4.12.2010 rendered by the Special Judge/Sessions Judge, Nainital in Sessions Trial No. 59/2006 and 59A/2006. By the impugned judgment and order, appellants Madan Singh @ Madhu @ Nibbu, Rajednra Singh @ Raju and Kundan Singh Mehta have been convicted for the offences under Section 364A, 395, 120B IPC and each of them has been sentenced appropriately. However, the aforenamed accused appellants have not been found guilty of the offences under Section 412 IPC and 2/3 of the UP Gangsters and Anti-social Activities (Prevention) Act and have been acquitted accordingly. Learned Sessions Judge gave benefit of doubt to other co-accused persons Kishan Singh Bhandari and Mohan Singh Rana, who were also charged and tried for the said offences, and accordingly acquitted them.
(2.) Incident relates back to 3rd November, 2005. On the said date, at about 7.30 PM, victim Naveen Budhiraja was taking rest on the second floor of his house, while his wife Smt. Alka Budhiraja (informant), her mother-in-law and daughter Nitya were warming themselves in the light of a fire on the ground floor of their house and the servant Bhawani Ram was sitting beside them. All the doors of the house were open. Electric bulbs were lighting the premises. Five persons, appearing to be aged between 18 to 22 years, suddenly entered inside the house from its main gate. They began to inquire about the number of persons present in the house. All were armed with pistols and guns. One of them put the pistol on the neck of Smt. Alka Budhiraja and threatened to shoot her in case she made any noise. Meanwhile, three persons among the intruders started tying all the members of the house while two persons proceeded towards the first floor of the house where Naveen Budhiraja was taking rest. They brought Naveen Budhi Raja downstairs and asked to hand over all the money available in the house. Mr. Budhiraja responded to them and told about the availability of rupees two thousand in the house, but they were not satisfied with the answer. So, after tying up the hands and feet of all the persons by rope, which they had brought along with them, they began to beat the servant Bhawani Ram. They also disconnected the telephone installed in the room situated at the ground floor of the house. They abducted Mr. Naveen Budhiraja after fastening his hands and putting tape on his mouth. While leaving the house, the accused persons put tape on the mouth of all the members of the house and also looted three mobiles, a C.D. and money lying in the purse of informant's mother-in-law. When they were leaving the spot, they put down the light from the main switch and closed the door from outside. However, the light again came back as the inverter was installed in the house. Somehow, the members of the house untied themselves. Thereafter the complainant immediately went to upstairs and gave information of the incident to the Gram Pradhan through the telephone installed in the room of the first floor. One small sickle in the room at the first floor and one pistol near the bed in the room situated at the ground floor were found, which the accused had left in the house.
(3.) With the aforesaid averments, FIR was lodged, which led to registration of crime. Patwari concerned inspected the spot and prepared the site plan Ex. Ka-6. Sickle and pistol were taken into possession and recovery memo thereof Ex. Ka-7 was prepared. Thereafter the investigation was transferred to regular police. First major breakthrough was made in the case when Naveen Budhiraja was recovered by the forces of Special Operation Group on 16.11.2005. Thereafter the investigation gathered momentum. On 17.11.2005, accused Kishan Singh was arrested and on his pointing out one of the looted mobile phone was recovered. Kishan Singh said that this mobile phone was given to him by another accused Pramod Danu (case against whom was abated since dead). Another accused Kundan Singh was arrested on 28.1.2006, who confessed that he had received rupees fifty thousand out of the ransom amount. Police recovered rupees forty thousand on the pointing out of this accused. In the same manner, rupees forty thousand were recovered on the pointing out of accused appellant Rajendra @ Raju, who was got arrested on 28.1.2006. Accused Mohan Singh was also arrested on 28.1.2006 on the tip-off of the informer. On 10.1.2006, accused Pramod Danu died in police encounter. Identification parade was carried out in the jail, wherein Naveen Buddhiraja identified the accused appellants Kundan Singh, Rajendra Singh @ Raju and Madan @ Madhu. During the course of investigation, police recorded the statement of the witnesses and traced out the trail of transfer of ransom amount after its arrangement by withdrawing the money from various accounts of different banks. After completing the investigation, chargesheet Ex. Ka-10 was submitted against the accused persons, namely, Pramod Danu (deceased), Kundan Singh, Rajendra Singh, Madhu, Kishan Singh and Mohan Singh for the offences as stated above. Charge of offences punishable under Section 464A, 412, 120B IPC and one under Section 2/3 of the Gangsters Act were framed against the accused persons. Accused appellants Kundan Singh, Rajendra Singh, Madhu @ Nibbu were also charged for the offence punishable under Section 395 IPC. Accused persons denied the charges and claimed trial. ;

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