RANJEET KUMAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals are directed against the judgment dated 11.10.2010 passed by the Patna High Court in Criminal Appeals (DB) No.268/2008, 357/2008, 451/2008, No.156/2008 and Death Reference No.6/2008, in and by which, the High Court dismissed the appeals filed by the accused persons confirming the verdict of conviction on the charge of murder of five years old boy Vicky and dismissed the death reference by converting the death sentence of Chintoo Singh (A-5) into life imprisonment.

(2.) On 27.02.2006, Sunil Kumar Singh-PW8, a vegetable vendor in Paswan Chowk, lodged a complaint stating that his son Vicky aged five years was playing near PW8's vegetable shop and Rubi Kumari aged seven years sister of the victim boy Vicky was also playing with him. At that time two unknown persons [later identified as Chintoo Singh (A-5) and Birendra Bhagat (A-3)] offered chocolates to Vicky and other children and took away Vicky saying that they would come back and drop the boy; but the boy Vicky did not come back. On the above complaint on 28.02.2006, a case was registered as P.S. Case No.105/2006 at Hazipur Town (Industrial Area), Police Station, Vaishali. Inspite of search, the missing boy could not be traced. After 5-6 days passed, Ranjeet Kumar Ram (A-1) and Sanjay (A-4), who were also vegetable vendors in the same market i.e. at Paswan Chowk, told PW8 that his son would come back if he would pay money. Nearly after three months of the incident, on 23.06.2006, PW8 received a phone call and the kidnappers demanded a ransom of four lakh rupees for return of his son; but PW8 expressed his helplessness to meet the demand, and the demand was reduced to two lakh rupees. Another telephone call was received by PW8 on 1.07.2006 and the final amount of ransom was fixed for Rs.1,05,000/-. On 3.07.2006, PW8 received another call from the kidnappers and PW8 informed them that he has arranged the ransom money and PW8 was asked to bring the money at New Gandak Bridge ahead of Line Hotel of Bachcha Babu at Sonepur. When PW8 expressed fear in coming alone with money, he was instructed by the kidnappers to come with his neighbours Ranjeet Kumar Ram (A-1) and Sanjay (A-4).

(3.) In order to pay the ransom money, PW8 had withdrawn Rs.80,000/- from his Savings Bank account with Bank of India at Rajendra Chowk, Hazipur and PW-8 arranged balance money from his own savings and borrowings from his father-in-law. On 4.07.2006, PW8 wrapped the ransom amount in a plastic bag and kept it in a gunny bag under the carrier of his cycle and PW8 accompanied by Ranjeet Kumar Ram (A-1) and Sanjay (A-4) and Sanjeet (A-2) proceeded to the place as instructed by the kidnappers. When they reached the New Gandak Bridge, Sanjeet (A-2) got down from PW8's cycle and went inside a hut on the left side of the road and PW8 followed him. At that time two persons came out and pulled away the money from the carrier of PW8's cycle. Sanjeet (A-2) informed PW8 that his brother-in-law-Birendra Bhagat (A-3) lives in that hut and PW8 was informed that his son would be returned by evening. Even after payment of the money, the boy was not returned. To inquire about the boy, PW8 went to the hut and learnt from the local people that Birendra Bhagat (A-3) is a criminal and the other person was identified as Chintoo Singh (A-5). On 16.08.2006, PW8 informed the investigating officer-Reeta Kumari (PW12), the names of the accused persons and also about the demand and payment of money to the kidnappers.