DESH DEEPAK KUMAR VIHANGAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Impugned judgment dtd. 20/5/2010 passed by the High Court of Judicature at Patna dismissed the appeals preferred by Desh Deepak Kumar Vihangam @ Deepak Kumar, Bimlesh Kumar Singh, Madan Prasad Thathera, Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar @ Pappu, who have been convicted under Ss. 364A and 120B of the Indian Penal Code, 1860 ('Penal Code', in short). The aforesaid 6 convicts were sentenced to undergo Imprisonment for Life. Desh Deepak Kumar Vihangam was ordered to pay a fine of Rs.7,00,000.00 (Rupees Seven lakh Only), while the rest of the convicts were ordered to pay a fine of Rs.1,00,000.00 (Rupees One Lakh Only) each.

(2.) The impugned judgment by the High Court however acquits Santosh who was convicted by the trial court. The State has not preferred any appeal challenging the acquittal of Santosh. The impugned judgment has also convicted Pradeep Kumar Shrivastava, who had preferred a petition for special leave to appeal, which was dismissed on 22/10/2010. Another co-convict, Upendra Kumar Singh, whose conviction was upheld by the High Court, has expired, and hence, his appeal has abated.

(3.) The case relates to the kidnapping for ransom of Dr. Shashi Kumar Sinha (PW-3), abducted along with his driver Salauddin (PW-5) on 7/2/2006 while travelling in a car from his residence at Station Road, Dehri, to his clinic at Tilouthu Village. Kiran Sinha (PW-2), the wife of Dr. Shashi Kumar Sinha and Dr. Amitabh Sinha (PW-1), son of Dr. Shashi Kumar Sinha, have deposed that calls for ransom were made. Initially, an amount of Rs.1,00,00,000.00 (Rupees One Crore Only) was demanded, but thereafter, the kidnappers had agreed to release the captives on payment of Rs.12,00,000.00 (Rupees Twelve Lakhs Only). Dr. Amitabh Sinha (PW-1) had deposed that he had paid a ransom of Rs.12,00,000.00 (Rupees Twelve Lakhs Only) to Deepak Kumar at Ranchi on 24/2/2006. At that time, Dr. Amitabh Sinha (PW-1) did not know the name and identity of Deepak Kumar. He came to know about his identity when Deepak Kumar was arrested at Patna by the I.O. Yogesh Chandra (PW-8) and Inspector Krishna Kumar Singh @ K.K. Singh (PW-4). Dr. Amitabh Sinha (PW-1) had visited Patna on 9/3/2006 as the kidnappers had demanded a further sum of Rs.5,00,000.00 (Rupees Five Lakh Only) as ransom. Deepak Kumar and Kanhaiya Lal were arrested at Patna on 10/3/2006. Inspector K.K. Singh (PW-4) and I.O. Yogesh Chandra (PW-8) have deposed that Deepak Kumar had then made a disclosure statement whereupon the police along with Deepak Kumar and Kanhaiya Lal had proceeded to Village Bar, District Aurangabad, Bihar. Dr. Shashi Kumar Sinha (PW-3) and Salauddin (PW-5) were rescued in the intervening night of 10th and 11th March from the house of Upendra Kumar Sinha situated at Village Bar. Bimlesh Kumar Singh, Madan Prasad Thathera, Pradip Kumar Shrivastav and Upendra Kumar Sinha were present at the house and were involved in the kidnapping of Dr. Shashi Kumar Sinha (PW-3) and Salauddin (PW-5). They were arrested. Dr. Shashi Kumar Sinha (PW-3) and Salauddin (PW-5), the victims, identified Deepak Kumar, Bimlesh Kumar, Madan Prasad Thathera, Pradeep Kumar and Upendra Kumar in the court. On the basis of the disclosure statement made by Deepak Kumar, Rs.6,00,000.00 (Rupees Six Lakhs Only) were recovered from his tenanted premises at Patna. Some of the currency notes recovered bore the signatures of Dr. Amitabh Sinha (PW-1).