SHISHIR KUMAR ALIAS CHUNNU Vs. STATE

JUDGEMENT

(1.) We have perused the impugned decision which is most inchoate and verbose; not only the counsel for the appellant but even the counsel for the State agree that they cannot make any head or tail out of the impugned decision. The contours of the conspiracy set forth have been penned by the learned trial judge in para 2 of the decision which we find is not only prolix but rolled all over. A sentence spanning nearly two pages has been written. So complex is the wording of para 2, that even the learned Trial Judge has not understood what he was supposed to focus upon.

(2.) As we understand and as stated by the learned counsel for the parties, the case of the prosecution was that Kishan Kumar (P.O.) entered into a conspiracy with co-accused Shambhu Nath and Shishir Kumar to extract money from Ram Sanjeevan and in furtherance thereof Shishir Kumar lured away Prateek S/o Ram Sanjeevan and made a ransom call. Rs.30 Lacs were demanded. Ram Sanjeevan did not have the money. Kishan Kumar told him that he could get financed a sum of Rs. 5 lacs from Vijender Sharma PW-2 and could arrange for another sum of Rs.13 lacs from Dinesh Kumar PW-6 to whom Ram Sanjeevan would have to sell his house bearing No.294, Pocket-I, Phase-II, Sector-13, Dwarka. As per the conspiracy Kishan Kumar had already handed over two bags to Dinesh and Vijender who did not know what the contents of the bag were.

(3.) On 18.08.2004 i.e. the day when Prateek went missing a ransom call was received. Kishan Kumar took Ram Sanjeevan to Vijender who handed over the bag to Kishan Kumar. Thereafter they went to Dinesh who handed over the other bag to Kishan Kumar. It is the case of the prosecution that Kishan Kumar made Ram Sanjeevan take the jewellery of his wife, to be pawned to Vijender, when he would advance loan in sum of Rs. 5 lacs to Ram Sanjeevan. It is the case of the prosecution that on 18.08.2004, Ram Sanjeevan was taken to the house of Vijender who handed over the bag which was entrusted to him the day prior. Ram Sanjeevan thought that he was being advanced loan of Rs.5 lacs by Vijender. Thereafter at the house of Dinesh the bag which was previously kept with Dinesh by Kishan Kumar was handed over. Ram Sanjeevan thought he was being given money for sale of his house. It is further the case of the prosecution that these two bags along with some jewellery of the wife of Kishan Kumar was then handed over to Shishir by Ram Sanjeevan and his son Prateek was set free.