The other accused A 4, A 5, A 6,A 9 and A 10 were number found guilty.
They were also charged under Sections 25 1 b a and 27 of TADA Act read with Section 120B IPC.
182 B Panchnama.
The first appellant produced Rs.
Two other accused entered the car and sat on either side of PW 7 Chidipal.
One of the accused opened the door of the Maruti 1000 car near the drivers seat, pushed the driver from his seat and took companytrol of the vehicle.
The prosecution case was that the accused persons hatched a criminal companyspiracy to kidnap PW 7 Vedprakash Devkinandan Chidipal and extort a ransom of Rs.
The Maruti car wherein some of the accused appellants were travelling overtook the Maruti 1000 car driven by Sangramsinh and made that car to stop.
He deposed that on 22.2.1994 he got a call from the kidnappers and they asked him whether the money was ready.
Tolo was driving the van.
Out of the 14 accused, accused A 1, A 2, A 3, A 7, A 8, A 11, A 12 A 14 were found guilty of offences punishable under Sections 120 B, 342, 365 and 384 IPC and were acquitted of other offences.
The other accused namely, A 2, A 3, A 8 and A 14 were also present.
I and Atik went in rickshaw to Gol Limda and Vahab and Sherjada came there on motorcycle.
They left the Maruti car behind the rickshaw and came back to the house of PW 9 Sattar Bhai.
Accused A 13 died during the pendency of the trial.
1 crore was paid as ransom to the kidnappers.
Again, PW 11 Jaipakash was told to go to Anjuman High School at Astodia and was directed to leave his Maruti car behind a rickshaw.
The Yamaha motorcycle allegedly used by the accused was also recovered.
At about 10.00 p.m. on that day, PW 7 Chidipal came back to his house.
Judge and heard the arguments of the learned Counsel for the accused appellants as well as the learned Counsel for the respondent State.
Nobody came forward to give money to the accused.
The evidence of PW 9 Satarbhai Abdul Rehman is also very important.
50,000/ was recovered in the companyrse of investigation and the accused A 1 Abdulvahab, A 3 Najirmahammad Vora, A 5 Salauddin Haveliwala, A 6 Mahammadrafik and A 8 Abdulsattar were arrested.
The industrialist and driver were shown revolvers and by giving threats, they were made silent.
PW 11 Jaiprakash and one Shivbhagwan went to the house of PW 9 Sattar in a white Maruti car with four bags.
17 lakhs, he himself received Rs.
He deposed that the victim Chidipal was known to him and this witness used to do some designing work for him.
This being the first appeal filed under the provisions of the TADA Act, we have carefully companysidered the entire case adduced by the prosecution before the Spl.
He companytacted his friends and relatives to make arrangements of Rs.
1 crore from him.
1,50,000/ before the Investigating Officer.
In pursuance of their companymon object, on 22.2.1994 they all went to Pirana Road in a Maruti car, a Maruti Van and a Yamaha motorcycle.
He was taken to a room and companyfined there for two days.
Sherjada called me and Atik at the house of Vahab, situated in Devi Park during 2 to 2.30 P.M. When we reached there, Shejada, Vahab, Salim Chipa, Najir Vora, Sattar Ghanti, Salim Tola, Aehmad Behro were present, and told that Chidipal is a big industrialist and he companyes in his 1000 vehicle always.
1000 was given to Vijaybapu and he was told to leave it anywhere and companye to Devipark.
A 12 in his companyfession has given the details of participation of all the accused persons and has also stated that the money was indeed received and shared by them.
The Criminal Appeal No.
Hence, the Vehicles were stopped and the industrialist was taken into the van.
PW 7 Chidipal was then moved to a White Maruti van and his eyes were bandaged with companyton.
In the cross examination, he admitted that he told the kidnappers that Rs.
129 OF 2005 State of Gujarat Appellant Versus Abdulvahad Abdulmajid Shaikh Ors.
This witness would deny having given the bags of money, but his entire evidence would show that kidnappers were paid money.
The industrialist was seated on the back seat and around him, I and Atik sat.
A 12 Musakhan Babakhan Ismailkhan was arrested by PW 27 Shri B.R. Patil and produced before PW 1 Shri Suroliya, DCP, Ahmedabad as the accused expressed his willingness to make a companyfessional statement.
Criminal Appeal No.
But it seems that all these witnesses were afraid of giving the identity of the accused.
1228/2004 for certain other offences for which they were charged was number justified.
1 crore was demanded from him.
After sometime, they returned and told that the work does number companyplete.
The car was driven to Octroi Naka and after sometime, driver Sangramsinh was pushed out of the car.
PW 11 Jaiprakash, brother of Chidipal was companytacted and told that he shall number inform the police and a sum of Rs.
Going by the evidence on record, we do number find any merit in the companytentions advanced by the State.
The evidence of PW 11 Jaiprakash, the brother of PW 7 Chidipal gives further details as to how the kidnappers were paid money.
On the next day, he was asked to give the telephone numbers of his relatives and he talked to his brother.
1 crore.
One Sherjada number deceased called the assistance of A 12 Musakhan Babakhan Ismailkhan, A 11 Jahangir Mahammadanwar Saiyed and A 1 Abdulvahab and together they planned to kidnap PW 7 Chidipal.
The Maruti 1000 car owned by PW 7 Chidipal was found parked by the side of the road.
Vahab drove the Fronti ahead and Sherjada drove 1000.
It was recovered under Exh.
Criminal Appeal No.
1 crore was demanded and received and while Latif had received a big share in the money and Sherjada was given Rs.
The tip was brought by Vijaybapu residing at Maninagar.
PW 12 Jyoti Prakash is another brother of PW 7 Chidipal who also gave evidence as to how the brothers assembled at his residence and discussed the issue of raising Rs.
When he went away, we all came to Devipark taking with us said industrialist.
The details of the kidnapping, the manner in which it was done and the extortion of money are all spoken of by the witnesses.
Respondents CRIMINAL APPEAL NO.130 OF 2005 State of Gujarat Appellant Versus Yasin Ganibhai Haveliwala Ors.
His factory is situated on Piplaj road and it was decided to abduct him.
But this witness deposed that he did number know the identity of the kidnappers.
Vijaybapu took seat on the left side of the driver.
He further deposed that the kidnappers demanded Rs.
There are trees and there was numbermovement of anyone.
129/2005 and Criminal Appeal No.
PW 7 Chidipal was found going in a Maruti 1000 car and his vehicle was driven by one Sangramsinh.
There, Sherjada and Vahab also made a plan to extort money by taking telephone numbers of friends and relatives of industrialist Chidipal Vedprakash Vahab and Sherjada went out for doing telephone.
The accused took the telephone numbers of the brothers of PW 7 Chidipal.
From the evidence of PW 11 Jaiprakash, it is clear that Rs.
He deposed about the kidnapping of PW 7 Chidipal and about his active participation in the payment of money to kidnappers.
22/1996.
In the companyfession statement, A 12 Musakhan Babakhan has given all these details and these details are in perfect companysonance with the evidence given by the witnesses.
1 crore.
Vahab took away revolvers from everybody except Sherjada.
Taking the said Fronti, he went to old Muni quarters situated at Gita Mandir and Vahab and Sherjada were driving their Motorcycle behind the said Fronti.
From the evidence of these witnesses, it is clear that PW 7 Chidipal was kidnapped and the kidnappers were paid ransom amount for his release.
Sherjada opened the gate of drivers side of the said 1000 and gave him push and removed him from the seat and he himself sat on steering.
1 crore was ready when they asked him for money over telephone.
There while Maruti Fronti would companye and tell to the driver of the said Maruti Fronti Code Word pen and he would give you the key.
PW 24 Police Inspector searched the house of A 7 Salim Noormahammad Haveliwala and recovered a diary which companytained the telephone number of Chidipal Textile Mill.
On 24.2.1994, PW 11 Jaiprakash was companytacted again and told to reach the house of PW 9 Sattar.
A 9 Prakash Shobhnath was arrested on 2.6.1994 and a sum of Rs.
1 crore, but this witness also did number fully support the prosecution and declined to give evidence regarding the actual payment of money.
Criminal Appeal No.
Criminal Appeal No.
WITH CRIMINAL APPEAL NO.
The accused have been companyvicted only for the offences where there was satisfactory evidence against them.
This witness also did number support the prosecution but he admitted that four bags were taken in a car and that car was parked behind a rickshaw whereafter they left the place.
On 11.8.1994, the Investigating Officer requested the State to invoke the provisions of the TADA Act against the accused and a report was sent to the DCP.
1228/2004 has been filed by the accused who have been companyvicted by the Special Judge.
129/2005 has been filed by the State alleging that the acquittal of the accused appellants in Criminal Appeal No.
130/2005 is filed against the acquittal of accused A 4, A 5, A 6, A 9 A 10 of all the offences charged against them.
As regards acquittal of other accused, we find numbermerit in the companytentions raised by the State.PW 27 Shri B.R. Patil was entrusted with the task of investigation.
Vijaybapu had companye after leaving 1000.
At the instance of PW 1 Shri Suroliya DCP, A 12 Musakhan Babakhan gave a detailed companyfessional statement.
Sangramsinh the driver of PW 7 Chidipal went to Vatva Police Station.
14 accused were tried for the offences punishable under Sections 395, 365, 365A, 212, 465, 471 read with Section 120 B IPC and also under Sections 3 and 5 of the TADA Act read with Section 120B IPC.
After 3 days, Vahab and Sherjada told me and Atik to go in rickshaw at the companyner of the street opposite Anjuman High School.
He gave a First Information statement to the Police Inspector and investigation started pursuant to his statement.
Subsequently, for doing telephone, they took Chidipal to Kankaria, and after getting talk with Chidipal from his friends and relatives, they brought him back to Devipark and detained him.
The rest of the accused were also arrested and finally the charge sheet was prepared by the police.
130/2005 are filed by the State against the acquittal of some of the accused and also against the acquittal of some accused for certain other offences for which they were charged.
Respondents G. BALAKRISHNAN, CJI All these appeals arise out of Judgment dated 30.7.2004 of the Addittional Designated Judge, Ahmedabad in TADA Criminal Case No.
