- (1.) These appeals are directed against the judgment and order of the Additional Sessions Judge, 2nd Court, Alipore in Sessions Trial No. 1(6)05 corresponds to Sessions case no. 65(1) of 2003 which was decided on 20th May, 2009. The Sessions Court has convicted the appellants for offences punishable under Sections 364A, 120B of the IPC. They have been sentenced to suffer imprisonment for life together with a fine of Rs. 5000/- and in default of payment of fine they have been directed to undergo rigorous imprisonment for two months. The trial Court has not convicted the appellants separately under Section 342 IPC as the charge under that Section had merged with the main Section, i.e., 364A. Facts
(2.) On 25th July, 2001 one Partha Roy Barman, a Director of Khadim Shoe Company, was abducted on his way to work. He was proceeding to his place of work from his residence at Salt Lake in his SUV, a Tata Safari being driven by his chauffeur. When his car reached C. N. Roy Road at about 11.30 a.m., it was stopped at the junction by two miscreants. They struck the front windscreen and a window of the car. The driver was forcibly dragged out of the car. Two or three other miscreants pulled Partha Roy Barman out of his vehicle and bundled him into a waiting white Maruti 800 car. In the melee, he was shot on his hands. He was made to wear dark glasses and was seated on the rear seat of the waiting car. He was forced to drink some liquid which made him unconscious. When he regained his senses he found himself lying on the floor in a dark room. The victim's driver in the meantime hailed a cab and rushed to his employer's residence. He narrated the incident to Siddhartha Roy Barman, the younger brother of the victim. Siddhartha Roy Barman then lodged a complaint at the Tiljala Police Station. He narrated the manner in which Partha was abducted and mentioned that it was a clear case of abduction for ransom.
(3.) On receipt of the complaint the police interrogated Siddhartha Roy Barman and Suman Roy Barman, a cousin of Partha. A phone call was received on the landline at Siddhartha Roy Barman's residence from Dubai demanding Rs. 20 crores as ransom for the release of Partha Roy Barman. Siddhartha Roy Barman was directed by the caller to use a new SIM card for his cell phone. Calls made to this phone were then intercepted by the police. The CBI Interpol was approached to secure the assistance of other agencies in order to intercept these calls. Accordingly, the Federal Bureau of Investigation, USA (hereinafter referred to as 'FBI'), found that these calls emanated from Dubai and Pakistan. Investigations led to the arrest of Abdul Rahaman Kunji, the appellant in CRA 454 of 2009 and one Swati Paul in Mumbai on 19th August, 2001. The appellants in CRA 624 of 2009, Ashabuddin @ Saukat @ Sahabuddin was arrested on 3rd November, 2001 in Delhi and Akib Ali @ Farasat Ali Khan @ Vali was arrested in Bhopal on 6th November, 2001. Happy Singh @ Harpreet Singh, one of the convicts who had filed CRA 486 of 2009, was arrested in New Delhi. The police arrested several others and ultimately twenty two persons faced the trial. Seventeen of these persons were acquitted by the Sessions Court. Five persons were found guilty by the Sessions Court, three of whom have filed the present appeals before this Court. Happy Singh whose appeal was being heard along with these appeals expired while in custody during the hearing of the present appeals. His appeal being CRA 486 of 2009 has abated and an order to that effect has been passed by us on 5th June, 2014.;