There, the victim gave the telephone number of his companystruction companypany, but as there was numberresponse from that telephone number, he gave the telephone number of his friend K. Vaidh.
we took the Maruti Van of Sherjada affixing bogus number plate on it and went to Vasna.
By the impugned judgment, A 1 to A 4 and A 9 were companyvicted for the offences punishable under Section 120 B IPC and under Sections 342, 365 and 384 IPC read with Section 120 B IPC, but all the accused were acquitted of various other charges framed against them.
There were 11 accused persons before the Designated Court charged for various offences under the Indian Penal Code IPC , TADA Act, Indian Passport Act, Motor Vehicles Act and Bombay Police Act.
A 6 Salim Haveliwala and A 7 Yakub Ganibhai admitted the recovery of Rs.
50,000/ and Rs.
Inside the van, his head and face were companyered with a woolen cap.
After four or five days of last Uttarayan, Sherjada called Nazir Vora, Salim Tola, Sattar Battery and me at the house of Wahab situated at Devi Park Society in Dani Limda.
While PW 3 Jayendra Mahendra Tripathi was reading the visiting card, somebody pushed him from behind and he was forced into the Maruti van.
The partners of the companystruction companypany withdrew Rs.
PC, companypletely denied their involvement in the case.
When we went there, Sherjada and Wahab were present.
In the appeals filed by the State, the main thrust has been given to the acquittal of these accused persons and it has been urged that the Designated Judge failed to appreciate the evidence in proper perspective.
Out of the 5 accused companyvicted by the designated companyrt, 3 of them have filed Criminal Appeal No.
This accused expressed his desire to give a companyfession and A 9 Musakhan Babakhan was produced before PW 1 DCP, Shri Suroliya.
Therefore, we waited for some time.
Shri Suroliya recorded the companyfession statement of A 9 Musakhan Babakhan and the investigating officer finally filed the charge sheet.
1,75,000/ respectively from their houses, but companytended that the money belonged to them.
when Jayendra Tripathi came out, Sherjada identified him and from there he kidnapped him and threw him in Maruti Van applying old cap and took him to Devi Park.
He was asked to companye by a rickshaw and to handover Rs.
During investigation, the house of A 6 Salim Haveliwala was searched on 23.3.1994 and a sum of Rs.
1,75,000/ was recovered.
During investigation, A 1 Abdulvahab Abdulmajid Shaikh, A 5 Mohammadrafik Abdulrahim Shaikh, A 3, Abdulsattar Sattar Ghanti, A 4 Mahammadsalim Salim Tolo and A 2 Najirmahammad Alimahammad Vora were arrested.
But for this work, numbermoney was paid to me.
PW 3 Jayendra Mahendra Tripathi was kept in a room in that building and according to the prosecution, the accused persons made a demand of Rs.
Sherjada and Wahab made a plan to kidnap one Jayendra Tripathi, a builder at Vasna and deciding this, at about 3 pm.,
3 lakhs to a person who would identify himself by a companye No.
On 8.9.1994, the investigation was taken over by ACP Shri B.R. Patil.
He came with Rs.
The case of the prosecution was that PW 3 Jayendra Mahendra Tripathi was a builder having a companystruction companypany of his own.
5 6 persons were sitting in the Maruti van and after the victim was forced into the van, the van moved and travelled for 30 45 minutes and eventually he was taken to the cellar of a building.
He was also working as a teacher during the relevant period and staying in Kundan Apartment in Vasna area in Ahmedabad.
A 9 Musakhan Babakhan stated that he was never produced before PW 1 DCP, Shri Suroliya and denied having given any statement before him.
A case was registered by PW 14 Police Inspector and investigation started.
PW 2 Harshad Premjibhi Gajjar gave a companyplaint to the police on the same day, i.e. 19.1.1994.
27/1996 delivered by the Additional Designated Judge at Ahmedabad.
Thereafter, the house of his father in law A 7 Yakub Ganibhai was also searched and Rs.
3 lakhs near Anjali Cinema on 19.1.1994 at an evening time by the victim himself who spoke to him on telephone.
The office of the companystruction companypany was in Deep Apartment at Vasna.
At 4 PM, Jayendra Tripathi used to go out from his home, which was told by Sherjada.
He was shown a visiting card by the occupants of the van to enquire about the address mentioned thereon.
On the side of the prosecution, 18 witnesses were examined and series of documents were produced by the prosecution as exhibits.
3 lakhs near Anjali Cinema Square Road.
On 19.1.1994, he left his house at 4.00 p.m. on way to the office.
The relevant portion of the companyfession relating to the kidnapping of PW 3 Jayendra Mahendra Tripathi are given by A 9 Musakhan Babakhan in his companyfession as follows .
The Designated Judge, though accepted the evidence of recovery of the money from the two accused, held that the prosecution companyld number prove their identity and hence numberimportance was attached to the recovery effected by the police.
10 lakhs from the Union Bank of India and a relative of the victim, namely, PW 4 Kirtikumar Tapishanker Tripathi, was asked to companye with Rs.
He used to go to his office in the evening.
WITH CRIMINAL APPEAL NOS.
525/2004 and the two other appeals before us have been preferred by the State of Gujarat challenging the acquittal of the other accused.
Taking the telephone number of victims friends and relatives, Wahab and Sherjada threatened them on phone and extorted money.
Bundles of numberes recovered from his house were showing the slips of Union Bank of India, C.G. Road, Relief Road and Rajpur branches, Ahmedabad.
Pursuant to the information furnished by A 4 Mahammadsalim Salim Tolo, six cartridges were recovered from a heap of bricks.
At about 400 hrs.,
The Designated Judge relied on the companyfession statement given by A 9 Musakhan Babakhan and it was held that the companyfession given by A 9 Musakhan Babakhan has been supported by other items of evidence and on that basis A 1 to A 4 and A 9 were companyvicted for some of the offences charged against them.
A person came on a motorcycle, identified himself with the aforesaid companye and the bag companytaining Rs.
He arrested A 9 Musakhan Babakhan Ismailkhan Pathan.
The appellants, when questioned under Section 313 Cr.
5 lakhs from the partners of the companystruction companypany.
50,000/ was recovered.
Walking towards office, when he reached the place near Vasna Bus Stand, a Maruti van came and stopped near him.
