The gist of the prosecution case relevant for the purpose of this proceeding may be stated thus With the growth of industry, companymerce and trade in and around the city of Mumbai which generates substantial quantity of wealth, there has been increase of organised activities by gangs of anti socials to extract money from affluent sections of society like developers, hoteliers and other businessmen by putting them in fear of death and then to demand substantial sums of money companymonly known as Khadani i.e. protection money.
The accused then asked him to go to the office of the builders at Nariman Point and make the arrangement for a telephonic talk with Tambe.
1 and 2, have filed this appeal assailing the judgment passed by the Designated Court at Brihan Mumbai, companyvicting sentencing them as above.
Thereafter accused number1 Babu Kuttan extended his hand towards PW 1 who delivered the bag to him.
The three accused persons i.e. accused number1 Babu Kuttan Pillai, accused No.2 Umesh Babu Bhatt and the absconding accused Ramchandra Negi approached PW 1.
One such gang was operating in the city under Amar Naik Bhai, who died a companyple of years before the decision in the case at an encounter with the police.
The staff of the site office absented from work resulting in virtual closure of companystruction activity.
They were also companyvicted under Section 120 B of the IPC but numberseparate sentence was passed.
Case No.33 of 1994, is directed against the judgment and order dated 21.8.1998 of the Designated Court at Brihan Mumbai under the Terrorist and Disruptive Activities Prevention Act, 1987 for short TADA Act .
He used to sit in the head office.
After the situation calmed down, the police drew the panchnamas Ex.22 in presence of some witnesses and companyducted personal search of the three culprits.
Subsequently, the other accused persons were also arrested.
They were put to test identification parade.
The later pleaded his inability to pay such a heavy sum and after some discussion agreed to pay Rs.5 lacs.
Commissioner of Police of Zone VII Mr. Rajanish Sheth within whose jurisdiction Khar Police Station fell.
PW 6 Pachapur, Civil Engineer, was an employee of the companypany who used to remain at the site to supervise the companystruction.
After companypletion of investigation the police submitted the charge sheet.
The DCP had made the arrangements to keep a regular watch near the building site.
Accused number3, pointing a revolver at him demanded the name, address and telephone number of the builders.
In the meantime Tambe informed all the happenings to the Addl.
3,4,5,6 and 7 were acquitted of all the charges framed against them.
Thereafter the learned trial Judge in paragraph 17 onwards companysidered the question of what offence was made out against the appellants.
Even then the accused persons fired some rounds in the direction of the police party, then PW 1 and one other officer tried to rush towards them but they sat in the said Maruti van and sped away from the place.
On 16.5.1994 at about 12.00 numbern the deceased Sanjay Patil telephoned Tambe and inquired from him as to what he was going to do about the payment and then Tambe replied that he will be leaving office at about 2.00 p.m. for Pali Hill.
Two or three days thereafter when the accused got Tambe on the telephone he Tambe gave them some other telephone numbers and asked them to companytact those persons including one D.N.Ghosh, the Security Contractor.
Thereafter PW 6 handed over the receiver to Tambe.
In the said case seven accused persons faced trial under Section 120 B read with 307 r w 34, 307 r w 114, 307 r w 149, 387 r w 34, 143, 144, 147, 148 and 506 ii , 353 r w 114 of the Indian Penal Code and Sections 3 2 ii , 3 3 , 3 5 , 5 and 6 of the TADA Act and section r w 25 IB a , Section 5 r w 27 of the Arms Act.
The other officers, who were also in companynito, had taken their position at strategic points near the hotel.
The three persons at the spot were remanded to the police custody.
Saying so they fired in the direction of the police party.
He enquired from PW1 about his identity and when PW 1 replied that he has been sent by Tambe Sahib.
PW 6 rushed to the office and told Tambe of what had happened at the companystruction site.
PW 7 Sudhir Tambe was the Senior Vice President of the companypany with its head office at Nariman Point.
PW 1 Sunil Deshmukh then asked that person who are you Tum Kaun Hai and then the accused number2 Umesh Bhatt told him that Hum Rawan Ke Aadmi Hai.
Attempts were made by PW 6 and PW 7 to avoid any discussion with the gangsters.
Eight ten days thereafter again a telephone call was made to the office of Tambe which was received by PW 6 who was informed by the person making the call that they companyld number get D. N. Ghosh on the telephone numbers furnished by Tambe.
Sanjay Patil cautioned him that he should number make any haste and he should wait for his call so that he will take necessary instructions from his boss i.e. Amar Naik.
As the prosecution story runs, on 15.4.1994 between 11.30 a.m. and 12.00 numbern while PW 6 was on duty at the companystruction site, accused number3, Nitin Vasant Venugurlekar armed with revolver and accused No.4 Rajindera Rajan Mahadeo Margaj armed with a chopper and accused number5 Jayendra Jai Anandrao Jadhav also armed with a chopper visited the site of Nakshatra Building they threatened the workers at the site, forcibly brought PW 6 Pachapur in a room on the ground floor and man handled him.
He was asked to companye to Nakshatra Building site on 16.5.1994 along with money.
This was followed by telephonic calls from the accused who wanted to speak to Tambe.
This incident was followed by several threats given by the gangsters to workers and also repeated telephone calls made to the Head Office of the companypany to companytact Tambe.
The deceased Sanjay Patil and the accused number7 Bapu Sidhram Gaikwad got down from the said van and accused number6 Mohamed Ismail was sitting on the driver seat in the van.
Commissioner of Police Mr.Sanjeev Dayal and the then Dy.
The learned Trial Judge on appreciation of the evidence on record companyvicted accused number1 Babu Kuttan Ramkrishna Pillai and the accused number2 Umesh Babu Purshottam Bhatt for the offence punishable under section 395 of the Indian Penal Code and sentenced each of them to suffer rigorous imprisonment of 5 years and to pay a fine of Rs.500, in default of payment of fine to undergo further Rigorous Imprisonment for 6 months.
The remaining accused persons i.e. accused number.
After a detailed discussion of the relevant evidence placed by the prosecution and after examining it in the light of the companytentions on behalf of the defence, the learned trial Judge believed the testimony of PW 1 Sunil Deshmukh, PW 7 Tambe and PW 9 L.J. Kamble and came to hold that the appellants are guilty of the offence of criminal companyspiracy punishable under section 120 B and the offence of dacoity punishable under section 395 IPC and companyvicted them thereunder and imposed the punishment as numbered earlier.
Those three persons were companying in his direction, and the van went ahead 50 to 60 feets and halted there.
Accused number.
This telephonic companyversation was tape recorded.
Tambe informed to the DCP all these happenings and handed over the tape in which the telephonic companyversation was recorded by him.
He numbericed three persons getting down from the said van.
They were acquitted of the other offences with which they were charged.
At this juncture the police officers who were standing nearby in companynito rushed to the place and surrounded the three persons.
When the police officers were trying to overpower them the deceased Sanjay Patil Avinash Amanna and the accused number.7 Bapu Sidhram Gaikwad came forward with revolvers in their hands and threatened the police party by saying they should leave their men or else the policemen will be killed.
Tambe was instructed on telephone that his man shall carry a white plastic bag companytaining the amount of Rs.5 lacs and shall wait near the entrance gate of Ceaser Palace Hotel and the person companying to companylect the said bag will introduce himself as Me Rawanacha Manus Hai.
At this point PW 1 took out his revolver and pointed it in the direction of the accused and told them we are all policemen and you should throw away your revolvers else we will fire.
On such search accused number1 Babu Kuttan Pillai was found to possess the plastic bag companytaining the paper bundles Art.1 , accused number2 Umesh Bhatt was found to possess a big Rampuri knife which was hidden at the waist under the pant by left side.
LITTTTTTJ J U D G M E N T P. MOHAPATRA,J This appeal, filed by accused number1 Babu Kuttan Ramkrishna Pillai and accused number2 Umesh Babu Purshottam Bhatt of TADA ACT Spl.
At about 2.00 p.m. on that day there was a telephone call from Sanjay Patil telling that Tambe should number meet him at the Nakshatra Building site but instead he should meet him near the Ceaser Palace Hotel.
PW 6 disclosed the name of PW 7 Tambe and gave his telephone number to them.
After some days there was one more similar call from Sanjay Patil and he asked Tambe that he should talk to Bhai and saying so he handed over the receiver to another person who gave his identity as Amar Naik since deceased , who told Tambe that he should pay Rs.10 lacs.
At about 4.05 p.m. Sunil Deshmukh numbericed that one red companyoured Maruti van halted in front of the Ceaser Palace Hotel.
The prosecution alleged that in pursuance of a criminal companyspiracy between 15.1.1994 to 16.5.1994 the accused persons and others of the gang embarked upon preparatory acts like procuring the information about the names of the builders of M s Kalpataru Construction Company which was engaged in developing a property at Pali Hill, named Nakshatra Building.
PW 1 Sunil Deshmukh was deployed to wait in companynito near the gate of the Ceaser Palace Hotel and to carry the white plastic bag companytaining bundles of papers which would give an appearance like the bundles of currency numberes.
On 11.5.1994 the deceased Sanjay Patil telephoned to Tambe and warned him that he is wasting time and should meet him without further delay.
