PRABHAT SINGH Vs. STATE

JUDGEMENT

(1.) THIS judgment will dispose of six connected appeals directed against a common judgment dated 22nd September, 2009 and orders on sentence passed by the learned Additional Sessions Judge (East), Karkardooma Courts, Delhi dated 25th September, 2009 and 7th November, 2013 respectively in Sessions Case No. 66/08 arising out of FIR No. 175/01 u/s. 120B/364A/343/353/307/34 IPC and u/s. 25/27 Arms Act registered with PS New Ashok Nagar whereby the appellants were convicted.

(2.) THE gravamen of the prosecution case is that on 16th June, 2001, Shilpa Gogia (PW12) wife of Amit Gogia (PW10) had gone to her parental house at Vikas Puri and from there she was to attend the Ramayan Path which was to be held in the house of Smt. Lata Vohra, her mother's friend. Amit Gogia left his home at about 10:15 AM on 17.6.2001 in his Santro Car No. DL 4C M 5073 to attend the Bhog ceremony and also to bring back his wife. At about 11 or 11:15 AM, when he reached the crossing at Pankha Road, Najafgarh Road, all of a sudden, a white Zen Car No. HR Z6 M 5199 and a red colour motor cycle came from his back and overtook his car and also hit the car from the back. In the meantime, the traffic light turned green but he was obstructed by the Maruti Zen car. Three persons stepped down from the car and the motor cyclist also came to him. All of them showed a police I -card to him and two of them made him to sit at the back seat of his Santro car by putting revolver/pistol on both side. A third person sat on the driver seat and started driving the car. He was made to bow down his head and was threatened not to speak or make any alarm otherwise he would be shot. The car was taken to South Extension and Amit Gogia was made to get down on the service road and one boy who had been summoned there, drove away his Santro Car. Amit Gogia was taken to Noida and was kept confined in a room there. On 19.06.2001, he was shifted to the place from where he was recovered. The culprits made ransom calls from the mobile phone of Amit Gogia to his family members.

(3.) IN the meantime, on 22.06.2001, Inspector Ishwar Singh of the Anti Extortion Cell received a secret information at about 7:00 AM that the kidnappers would come to the factory of Amit Gogia at B -135, Sector -6, Noida for settling the ransom amount. Police officials laid nakabandi at the above mentioned factory. At about 3:45 PM, a Maruti Zen Car No. DL 4C N 1438 was seen moving around the factory in a suspicious manner. The car was stopped. It was being driven by accused Jitender @ Jitu and accused Ajit Singh was sitting beside him. On being apprehended by the police, they disclosed that they were members of the gang of Braham Pradhan and that Amit Gogia was kept on the First floor of House No. B -49, Gharoli Dairy Farm. The premises were raided at about 4:05 PM. The culprits started firing and an exchange of fire took place between the culprits and the police. Braham Pradhan died in the firing. Subhash Chander, Jagmidner Singh @ Happy, Sandeep Ahlawat and Prabhat Singh were apprehended from there. Pistols and cartridges were recovered from accused Jagmidner, Sandeep Ahlawat and Subhash Chander. Amit Gogia was rescued from there. Accused Sandeep and Jagminder Singh sustained gunshot injuries in the rescue operation. Accused Subhash Chander and Prabhat Singh sustained simple injuries caused by blunt object.