Partly allowed

Puli Obuleshu v. the State of Telangana

Telangana HC7 Nov 2024CRLA/1145/2015

Case brief

AI extract

What is this about?

Appeal against conviction for attempt to murder and kidnapping for ransom arising from a car-jacking at KBR Park. The High Court held that no kidnapping or abduction occurred as the victim never moved from his car, so Section 364-A IPC was not attracted; conviction under Section 364-A was set aside while other convictions stood. Appeal partly allowed.

What did the court decide?

Conviction under Section 364-A IPC set aside; sentences thereunder set aside; convictions under Section 307 IPC and Arms Act maintained.

Puli Obuleshu Vs the State of Telangana — Cheating and Forgery | Telangana HC (2024)

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[^341s 1

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI

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CRIMINAL APPEAL NO: 1145 OF 2015

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Criminal Appeal under Section 374⁽²⁾ of Cr.P.C.^{against the Judgment dated} 15-10-2015 made in S.C. No. 86 of 2015 on the^{file of the Court of the Metropolitan} Sessions Judge, Hyderabad.

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Between:

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Puli Obuleshu, S/o P. Seshaiah, Aged 38^{years, Police Constable No. 652} CPL, R/o. H.No. 2BB 2nd Floor,^{N-earRajashekar Statue' Narsingi, Ranga} Reddy District

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...Accused / Appellant

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AND

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The State of Telangana, Rep. by Public^{Prosecutor. High Court of Judicature} at Hyderabad

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,.Complainant / Respondent

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Counsel for the Appellant

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Smt C Vasundhara Reddy Legal Aid

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Counsel for the Respondent

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Dr Surepalli Prashanth Assistant Public Prosecutor

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The Court delivered the following^Judgment:

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THE HONOURABLE SRI JUSTICE K.SURENDER AND THE HONOURABLE SHRI JUSTICE J.ANIL KUMAR

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CRIMINAL APPEAL No.l145 OF 2015

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JUDGMENTl. (per Hon'ble Sri Justice K.Surender)

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This appeal is filed aggrieved by the judgment dated 15.10.2015 passed in S.C.No.86 of 2015 on the lile of Metropolitan Sessions Judge, Hyderabad, convicting the : appellant for the offence punishable under Sections 307 and 364-A read with 511 of Indian Penal Code (for short 'IPC') and under Sections 25(1-,4') and 27(21 of Arms Act, 1959 and sentenced to undergo rigorous imprisonment for Iive years and to pay a Iine of Rs.2,000/-, for the offence under Section 307 of IPC, in default of payment of fine, to undergo simple imprisonment for two months and also sentenced to undergo imprisonment for life and to pay a fine of Rs.5,00O/- for the offence under Section 364-A read with 511 of IPC, in default of payment of fine, to undergo rigorous imprisonment for four months. Further, the appellant is sentenced to rigorous imprisonment for five years and to pay a fine of Rs.2,OOO/-, for the offence under

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KS,.,&JAK,J (lrl.A.No.l 145 of20l5

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.,|

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Section 25(1-A) of Arms Act, 1959, in default of payment of fine, to undergo simple imprisonment for two months. The appellant was also sentenced to rigorous imprisonment for 7 years and to pay a flne of Rs.2,OO0/-, for the offence punishable under Section 27(21 of Arms Act, 1959, in default of payment of fine, to undergo simple imprisonment for two months.

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Since learned counsel on record was not continuously appearing in the matter, this Court appointed Smt. C.Vasundhara Reddy, AS legal aid counsel to present the case.

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Heard Smt. C.Vasundhara Reddy, learned legal aid counsel for the appellant/accused and Dr.Surepalli Prashanth, learned Assistant Public Prosecutor for respondent-State.

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victim/de-facto 4. Briefly, the case of the complainant/PW1, is that on l9.ll.2ol4, PWl went to KBR Park, Road No.2, Banjarahills at about 6. 15 a.m., by driving his Audi Car No.AP 09 CM 2367 for his morning walk. PW1 arrived at the park at about 6:20 a.m. and

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KS,J&JAK,J tlrl.A.No.l145 of20I5

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parked the car at Gate No.1, which was about 5OO meters away from the main entrance and opposite to Ashoka Builders and Modi Builders. Then PW1 went for a walk, moving in an anticlockwise direction. While walking,^pW1,s brother arrived from the opposite direction and both of them continued walking together in the anticlockwise direction for another 3O minutes, approximately until 7:O7 a.m. They then reached Gate No. 1, where PWl,s brother again went for walking, and PWl opened his car and sat inside. PWl was about to fasten his seatbelt, he saw the appellant enter the car from the left front door, carrying a bag. The appellant pointed a gun at PW1 and instructed him not to shout. The appellant also ordered PWl to start the car and demanded money. PWl told the appellant that he would give him the money and held the barrel of the gun. However, the appellant fired the gun, and three bullets passed through the windshield. PWl, shouted for help, then PWI's brother came near the car and caught hold of the appellant tightly.

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During the altercation, the appellant fell out of the car, but continued to shoot. PW1 and his brother both got

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KS. J & JAK.,I C[l A No.I145 of20l5

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out of the car and managed to catch hold of the appellant. Despite their efforts, the appellant continued to fire the gun, aiming to kill them. The bullets passed through the space and also the back door of the car. Eventually, the bullets were exhausted. The appellant then bit PW1's brother on the left hand, causing him to loosen his^grip. The appellant then threw the gun aside and fled from the scene. PW 1 's brother took the gun and placed it on the middle seat of the car. By then, a crowd had^gathered around them.

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One of PWl's friend, who was present there, came over and took PW1 and dropped PW1 at his house. Approximately 45 minutes later, the^police arrived at PWlt house. PW1 was tense and told the^police that he^would narrate the events to them and requested them to draft^the report. The police then drafted the report, which^was marked as Ex.P. l. About an hour later, the^{policerecorded} his formal statement. PW1 also stated that . he could identify the bag and the weapon used by the appellant.

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The police having taken up investigation effected the arrest of the appellant. On the basis of evidence

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)

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KS,J&JAK,J (lrl.A.No I 145 of20l5

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collected, during the course of investigation, charge sheet was filed.

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Learned Sessions Judge has examined the witnesses PW's. 1 lo 29, marked Exs.P1 to P37, MOs.1 to 45 and Dl & D2 were brought on record by the defence during the course of trial and thereby convicted the appellant.

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The only ground raised by the learned legal aid counsel appearing for the appellant is that no offence was made out under Section 364-A of IPC in the present facts of the case. lrarned legal aid counsel further argued that the essential ingredients of Section 364-A of IPC i.e., abduction or kidnapping were not made out. In the absence of any such kidnapping or abduction being proved by the prosecution, the question of attracting Section 364-A of IPC does not arlse.

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KS.J&JAK.J Crl A No.l145 of20l5

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Learned legal aid counsel relied on the^judgment of Hon'ble Supreme Court in Shailc^{Ahmed a. Stqte} of Telanganar. The Hon'ble Supreme Court^while dealing with the provisions under Section^{364-Aof IPC} held as follows

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" 12. We may now look into^{section 364-Ato find out} as to what ingredients the Section^{itself contemplate for} the offence. When we^{paraphrase Section364-A following} is deciphered:-

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(i) "Whoever kidnaps or abducts any^{person or} keeps a person in detention after such^kidnappingor abduction"

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(ii) "and threatens to cause death or hurt to^such person, or by his conduct^gives rise to^{a reasonable} apprehension that such^{personmay be put to death or} hurt,

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(iii) or causes hurt or death to such^{personin order} to compel the Government or any^{foreignState or} international inter-governmental^{organization or any other} person to do or abstain from doing^{any act or to pay a} ransom"

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(iv) "shall be punishable with death,^or imprisonment for life, and shall also^{be liable to fine."}

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The hrst essential condition as^{incorporatedin} Section 364-A is "whoever^{kidnaps or abducts€uly person} or keeps a person in detention^{after such kidnapping or} abduction". The second condition^{begins with conjunction} "and". The second condition has also two^{parts,i.e., (a)}

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r (2021) 9 scc 59

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KS, J & JAK, J ( rl A.No ll45 of20l5

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threatens to cause death or hurt to such person or (b) by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt. Either part of above condition, if fulfilled, shall fuIfill the second condition for offence. The third condition begins with the word "or", i.e., or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental orgalization or any other person to do or abstain from doing any act or to pay a ransom. Third condition begins with the word "or causes hurt or death to such person in order to compel the Government or any foreign state to do or abstain from doing any act or to pay a ransom". Section 364-4 contains a heading "kidnapping for ransom, etc." The kidnapping by a person to demand ransom is fully covered by Section 364-4.

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We have noticed that after the first condition the second condition is joined by conjunction "and", thus, whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction arld threatens to cause death or hurt to such person.

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The use of conjunction "and" has its purpose and object. Section 3644 uses the word "or" nine times and the whole section contains only one conjunction "and", which joins the first and second condition. Thus, for covering an offence under Section 364A, apart from fulfillment of first condition, the second condition, i.e., "and threatens to cause death or hurt to such person" also needs to be proved in case the case is not covered by subsequent clauses joined by "or".

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The word "and" is used as conjunction. The use of word "or" is clearly distinctive. Both the words have been used for different purpose and object. Crawford on Interpretation of Law while dealing with the subject "disjunctive" and "conjunctive" words with regard to criminal statute made following statement:

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3 KS.J & JAK. J Crl A No I 145 of20l5

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"............The Court should be extremely reluctantⁱⁿ a criminal statute to substitute disjunctive words^for conjunctive words, and vice versa, if such action adversely aJfects the accused."

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As seen from the narration of PW1/victim,

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appellant went up to him and pointed a^gun and^asked him not to shout and directed him to start the car^and demanded money. PW1 stated that he would^give money and caught hold of the barrel ol the^gun. Appellant fired the gun and three bullets^{passed through} the windshield. When PW1 shouted for help,^PW22,who is brother of PW 1, went there and caught^{hold of} appellant, thereafter, the appellant started shooting. The bullets went in the space and also the back door^of the car. The bullets got exhausted and the appellant fled away by leaving the gun at the spot.

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L2. As seen from the version^given by PW1,^the appellant had gone there and threatened^PW1by pointing gun to him. Thereafter, brother of PWI i.e., PW22 art'rved there and overpowered the appellant'

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KS, J & JAK,.I Crl.A.No.l145 of2015

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However, the appellant escaped from the clutches of PW22 and fled away.

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In order to attract the offence under Section 364A of IPC, the essential ingredients are kidnapping or abduction. Kidnapping is defined under Section 359 of IPC as follows:

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"359. Kidnapping: Kidnapping is of two kinds. Kidnapping from India and Kidnapping from lawful guardianship.

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Kidnapping from India:-Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorized to consent on behalf of that person, is said to kidnap that person from India.

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Kidnapping from lawful guardianship:Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful grardianship."

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Abduction is defined as under Section 362 of IPC

as follows:

KS. J &JAK. J Crl.A.No.l145 of20l5

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"362. Abduction: Whoever by force compels, or by an deceitful means induces, any^person to^go from any place, is said to abduct that person."

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i5. The actual incident happened in the car and PWl did not move from the car nor was he taken to any distance by the appellant. When the essential ingredients of abduction or kidnapping are missing, the question of attracting Section 364-4 of IPC does not arise. Firstly, the prosecution has to establish that there was kidnapping or abduction and thereafter such person should have been kept in detention after the abduction or kidnapping.

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When the incident does not disclose either kidnapping or abduction, the essential ingredients of or detention of a person pursuant to kidnapping abduction does not arise, which is the pre-requisite^for attempting offence under Section 364-A of IPC. Considering the observations of the Honble Supreme

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KS,J&JAK,J ( rl A No I 145 of2015

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Court in the case of Shaik Ahmed (supra 1), the offence under Section 364-A of IPC is not made out.

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Having gone through the record, we are not inclined to interfere with the findings of the learned Sessions Judge 1n convicting the appellant under Section 307 of IPC and under Sections 25(1-,) and 27(21 of Arms Act, 1959. However, the conviction under Section 364-A of IPC is hereby set aside.

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Accordingly, this Criminal Appeal IS partly allowed.

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//TRUE^COPY//

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r., ",t^HY[t?3rEtR I\ ) SECfION^OFFICER

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To,

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l.TheMetropolitanSessionsJudge,Hyderabad(withrecords,ifany) 2 Two CCs^{to the Public Prosecutor'HighCourt for the State of Telangana'} HYderabad [OUT]

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