MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred from the judgment of the High Court in Criminal Appeal (DB) No. 1338 of 2007, dated 3.9.2008, whereby the High Court upheld the judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track Court-IV, Motihari, East Champaran in Sessions Trial No. 101/16 of 2006/2007. The learned Sessions Court held the Appellant guilty of criminal conspiracy for murder under Sections 120B of Indian Penal Code, 1860 and of extortion under Section 387 of Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for life and was fined for Rs. 25,000/- for the offence of criminal conspiracy for murder under Section 120B, in default of which he was to further undergo simple imprisonment for 1 year. He was further sentenced for seven years rigorous imprisonment under Section 387 Indian Penal Code, 1860 and was fined Rs. 5,000/-, in default of which to undergo simple imprisonment for six months.

(2.) The facts of the case are that the informant Shri Vikas Kumar Jha gave a fardbeyan to the effect that at about 5.00 P.M. on 23.7.2005, he had received a call on his telephone number 06252-239727, inquiring about his elder brother Shri Anil Kumar Jha. The informant stated before the police that his elder brother, the owner of a medical store, on the said date had been out of town. He submitted that he had communicated the same to the caller. Upon such reply, the caller disclosed himself as Mohan Singh, the Appellant herein, and asked the informant to send him Rs. 50,000/-. The informant submitted that he had similar conversations with the caller three to four times in the past. However, he then received another telephone call on 25.7.2005 from a cell phone number 9835273765. The caller threatened him that since the demand of money had not been fulfilled, the informant should be ready to face the consequences.

(3.) Upon his elder brothers return, the informant had narrated the events to him. However, his elder brother did not take the threat seriously.