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SESSIONS CASE NO 75 of 2012 (U/S

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SESSIONS CASE NO 75 of 2012 (U/S 1 IN THE COURT OF SESSIONS JUDGE ……….KARIMGANJ. SESSIONS CASE NO 75 of 2012 (U/S. 365/201/120(B)/302 IPC & 27 Arms Act) Present:-Shri K. Choudhury, LL.M., Sessions Judge, Karimganj. State of Assam …………………………………………………………Complainant. -Versus- 1) Salim Uddin @ Shilu 2) Hifjur Rahman @ Hiju 3) Rajani Talukdar 4) Kamal Hussain, 5) Hussain Ahmed @ Mojnu, 6) Sultan Uddin, 7) Mumin Uddin, 8) Riaz Uddin, 9) Nazim Uddin @ Rakkey, 10) Raju Ahmed, 11) Md. Babul Mia @ Siraj Uddin, 12) Shamim Ahmed, 13) Monowara Bibi:- ……………..…………..……………….…………….Accused Charge framed on:- …………………….…………………29/05/2012 & 30/05/2012. P.Ws. examined on :- …………………………. 20/06/2012, 21/06/2012, 25/06/2012 26/06/2012, 28/06/2012, 29/06/2012, 09/07/2012, 24/08/2012, 28/08/2012, 29/08/2012, 11/09/2012, 12/09/2012, 26/09/2012, 28/09/2012, 29/09/2012, 03/10/2012, 06/10/2012, 08/10/2012, 10/10/2012, 16/10/2012, 11/12/2012. Statement of accused recorded under section 313 Cr.P.C :- 17/11/2012, 19/11/2012. Argument heard on:- 20/12/2012 and 21/12/2012, Judgment pronounced on:- 04/01/2013. Hearing on the point of Sentence:- 07/01/2013. Final Judgment pronounced and delivered on:- 07/01/2013. Counsel Appeared: Advocate for the prosecution:- ………………………………. Mr. R. K. Deb, P.P., Mr. Biplab Deb. 2 Advocate for the defence:-………………….……….. 1. Mr.Debasish Chakraborty, 2. Mr. M.C.Debnath, 3. Mr. Ranjan Roy. JUDGMENT 1. Prosecution case in brief as it evolves in the record is that on 19/11/2011 at about 6-30 p.m. Ahrar Ahmed alias Naj, a BSC 3rd year student, elder son of the complainant Tofail Ahmed went out towards Bhanga bazaar with his motorbike bearing Registration No. AS-10- A/1666 and at 7-34 p.m. he had a talk with his mother from his mobile phone bearing no. 7896242528. After that his mobile set was found switched off and he did not return to his home. On the following morning at about 7-00 a.m. the bike could be traced out as abandoned being informed by accused Rajani Talukder. An ejahar was lodged to the effect that said Naj was kidnapped by some culprits and accused Rajani was involved with the crime. Subsequently, police was informed by the complainant on 22/11/2011 to the effect that on the last 20/11/2011 at about 4-40 p.m. he received telephonic demand of ransom amounting to Rs. 50,00,000/- from mobile phone bearing no. 9862919223 and after bargaining the amount of ransom was reduced and the miscreants agreed on 21/11/2011 to release Naj on receipt of Rs. 12,00,000/-. Accordingly on 22/11/2011 he for safe rescue of his son went towards Sonapur, Meghalaya with vehicle bearing Registration No. AS-10/2070 accompanied by a driver Kamal Uddin and there he made payment of Rs. 12,00,000/- to the miscreants as per their direction at Mandihati (Meghalaya) but his son was not handed over to him. After that he came back to Badarpur and informed the police in writing in detail. 2. The ejahar as lodged against accused Rajani and some other miscreants was registered as Badarpur P.S. Case No 181/2011 U/S 365 3 IPC. On the basis of said information investigation was initiated. Accused Rajani was apprehended and from whom it was surfaced that as per pre plan he handed over Naj to accused Salim Uddin, Rehan, Kamal, Hifjur and Hujur at Chorgola, Karimganj near Reliance Petrol Pump. The victim Naj was taken away in a Maruti 800 car of accused Rehan (absconder) towards Bhanga side. The motor cycle of Naj was found in an abandoned condition near Chorgola area. On 20/2/2011 the Maruti car allegedly used by the culprits for alleged kidnapping was found as abandoned. During further investigation dead body of victim Naj could be dug out from Dumurgool of Monosangam area under Badarpur P.S. The same was sent for post mortem examination. Doctors found bullet injury on the head with other injuries and the injuries were ante mortem. 3. During further investigation an amount of Rs. 97,000/- was recovered from accused Salim Uddin at Bilonia,Tripura and Rs. 6,88,500/- was recovered from accused Sultan Uddin at Ladrimbai , Meghalaya which were allegedly the ransom amount received from the complainant Tufail Ahmed. Arms and ammunitions which were allegedly used for killing of Naj were recovered. 4. During the course of investigation on prayer of Investigating Officer (I/O) Section 120 B/302 /201 IPC and Section 25(1-B) (a)/27(3) Arms Act were added. Present accused persons were apprehended and arrested, and on completion of investigation I/O submitted charge-sheet U/Ss 120B/365/302/201/384 IPC read with Section 25(1-B) (a)/27(3) Arms Act against 20 numbers of accused persons showing seven of them as absconders. 5. Learned Additional Chief Judicial Magistrate, Karimganj after furnishing copies of all necessary police papers as referred U/S 4 173(2) Cr.P.C. committed the offences against the present thirteen number of accused persons. I after hearing both sides at very length found prima facie case was made out against all the thirteen number of accused persons U/S 120B IPC/302/34 IPC, 201/34 PC and 27(3) Arms Act. Case was also found to be made out prima facie U/S 387/34 IPC against seven numbers of accused persons namely, Selim Uddin, Hifjur Rahman, Kamal Hussain, Sultan Uddin, Mumin Uddin, Riaz Uddin, Nizam Uddin and Raju Ahmed. Similarly against accused Selim Uddin, Hifjur Rahman, Kamal Hussain, Rajani Talukder and Hussain Ahmed, case was found to be made out prima facie U/S 365/34 IPC. Additional materials were found prima facie making out a case against Hifjur U/S 25(1A)Arms Act, 1959. Accordingly formal charges against all the accused persons were framed, read over and explained to which all the accused persons pleaded not guilty and claimed to be tried. Hence, I further proceeded to hear the case. On different occasions copies of papers relating to investigation such as arrest memo, interrogation slip, forwarding report etc. were provided to the learned defence counsel on their prayer. 6. The prosecution in support of the case at first examined as many as 22 nos. of witnesses including 3 nos. of I/O, one armorer and one doctor. Amongst the above PW 2 is the wife of accused Hifjur Rahman and PW 3 is the mother of accused Hussain Ahmed alias Mojnu. During trial on 25/6/2012 receiving of oral submission of learned defence counsel Mr. Ranjan Roy in the open Court against the complainant, the PW1, to the effect that the PW1 made inducement and threat etc. to PW 2, Najima Begum, I examined her as court witness. She denied any such threat or inducement. Rather 5 she was scared of her husband (accused Hifjur). It is also to be noted here that the complainant (PW 1) in writing brought allegations about threat of his life against some of the accused persons including accused Salim Uddin. Subsequently after completion of his evidence it was reported to this court that he was shot dead. It is further to be noted here that during trial in pursuance of the order of the Hon’ble High Court dated 23/07/12 passed in Criminal Revision Petition No 295/2012 charges u/s. 120(B)/302/201/34 IPC against accused Shamim Uddin have been stayed and trial proceeded against him only u/s. 27(3) Arms Act. 7. At the later stage of the trial, accused Babul Ali, his wife Monowara Begum and accused Hussain Ahmed expressed in the open court to give evidence in favour of the prosecution. They on the next occasion were separately produced and heard. Accused Babul Ali in writing expressed to give evidence as approver. Prosecution side also endorsed the petition and made submissions for examination of the accused as approver. Accordingly he was declared approver u/s. 307 Cr.P.C. and examined as PW 23. 8. Accused persons were examined in detail u/s. 313 Cr.P.C. Their statements were accordingly recorded. The accused Hussain Ahmed substantially admitted the evidence of his mother the PW 3. However, he pleaded as innocent. Rest of the accused persons except accused approver Babul Ali denied their involvement in the alleged crime. Some of them also took the plea of alibi. 9. Now, under the facts and circumstances of the case, following are the major points for determination:- 6 (i) Whether all the accused persons were a party to a criminal conspiracy to commit an offence of kidnapping of Ahrar Ahmed @ Naj and his murder for the purpose of extortion of money from the complainant as charged U/S 120(B) IPC ? (ii) Whether Naj, son of the complainant PW 1, was kidnapped by accused Salim Uddin, Hifjur Rahman, Kamal Hussain, Rjani Talukder, Hussain Amed in furtherance of their common intention as charged U/S 365/34 IPC ? (iii) Whether the accused persons namely, Salim Uddin, Hifjur Rahman, Kamal Hussain, Sultan Uddin, Mumin Uddin, Riaz Uddin, Nizam Uddin, Raju Ahmed, under the facts and circumstances of the case, in furtherance of their common intention attempted to extort of Rs 50,00,000/- and also extorted Rs 12 Lacs from the complainant ? (iv) Whether all the accused persons in furtherance of their common intention committed murder of Naj with assault causing head injury and also by bullet injury as charged U/S 302/34 IPC? (v) Whether all the accused persons caused disappearance of evidenceof the offence of murder by wayof concealment of the dead body of Naj,wearing apparels of deceased Naj,arms and ammunition etc.
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