Case Note & Summary
The case involves two appeals filed by Bhagwan Gajanan Phandat and Madhao Ravindra Kapade against their conviction by the Additional Sessions Judge, Khamgaon, in Sessions Trial No. 99 of 2011. The appellants were convicted for kidnapping a minor boy, Kalpesh Rajesh Rajore, on 20th September 2011 at Khamgaon, Dist. Buldana, for ransom. The victim was returning from a music class when the appellants forced him onto a motorbike. They demanded Rs. 5 crores initially, later reduced to Rs. 3 crores, from the father, Rajesh Rajore. When the appellants realized they would not succeed, they threw the boy into a well near Kanchan Hotel on Khamgaon-Shegaon Road. Neighbors rescued the boy upon hearing his screams. The first informant approached the police after receiving ransom calls, and the police registered an offence. Through informant Munna Purwar, the father learned the boy was found in the well. The police arrested the appellants and recovered ransom notes and other articles. The trial court convicted them under Sections 363, 364A, 307, 120B IPC and Section 4 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). The High Court upheld the conviction under IPC but set aside the conviction under MCOCA, holding that the prosecution failed to prove the ingredients of organised crime and continuing unlawful activity. The court found that the circumstantial evidence, including recovery of ransom notes, identification by the victim, and the dying declaration (though not strictly a dying declaration), established the guilt beyond reasonable doubt. The appeals were partly allowed, with the conviction under MCOCA set aside, but the IPC convictions maintained.
Headnote
A) Criminal Law - Kidnapping for Ransom - Sections 363, 364A, 307, 120B IPC - Appellants kidnapped a minor boy for ransom and threw him into a well when ransom demand failed - Conviction upheld based on circumstantial evidence, recovery of ransom notes, and identification by victim - Held that the chain of circumstances was complete and consistent with guilt (Paras 1-30). B) Criminal Law - Attempt to Murder - Section 307 IPC - Throwing victim into a well with intention to cause death constitutes attempt to murder - Held that the act of throwing into a well, from which victim was rescued, amounts to attempt to murder (Paras 15-20). C) Criminal Law - Maharashtra Control of Organised Crime Act, 1999 - Section 4 - Applicability requires proof of organised crime syndicate and continuing unlawful activity - Held that prosecution failed to establish the ingredients of MCOCA, hence conviction under Section 4 MCOCA set aside (Paras 25-30).
Issue of Consideration
Whether the conviction of the appellants under Sections 363, 364A, 307, 120B IPC and Section 4 of MCOCA is sustainable based on the evidence on record.
Final Decision
Partly allowed. Conviction under Sections 363, 364A, 307, 120B IPC upheld. Conviction under Section 4 MCOCA set aside.
Law Points
- Kidnapping for ransom
- attempt to murder
- criminal conspiracy
- circumstantial evidence
- dying declaration
- recovery of articles
- identification parade
- Section 4 MCOCA
