HARIBANSE RAMALIAS HARIVANSH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been variously convicted under sections 364A, 34, 395 &; 412 of the Indian Penal Code (hereinafter referred to as I. P. C.) as discussed in detail while considering their individual cases hereinafter. The appellants in Criminal Appeal Nos. 716 and 761 of 2008 have been sentenced to death giving rise to the Death Reference. The appellants in the remaining appeals have been sentenced to undergo imprisonment for life and rigorous imprisonment for ten years. All the appellants have been acquitted of the charge under Section 120 B I.P.C.

(2.) The written report of Arun Kumar Mishra, P.W. 5, was lodged with the Officer Incharge, Rajpur Police Station on 21.11.2006 at 10 P.M. marked as Exhibit -1, and formal F.I.R. registered at the same time. It was sent to the Magistrate on 22.11.2006. The informant stated that he was engaged in the business of cement, iron and dealership of Hindustan Lever along with his cousin Ajay Shankar Mishra, P.W. 17. The business was spread between Buxar and Ramgarh. P.W. 17 was responsible for collection of money dues from business associates in the Ramgarh area and travelled frequently for the purpose. On 20.11.2006, P.W. 17, and the informant's cousin Raju Mishra, P.W. 20, with the driver Manoj Singh, P.W. 18, left Buxar at about 10 A.M. on his white Gypsy bearing no. BR ID 2619, for Ramgarh and other places to collect money dues. P.W. 17 collected such dues from business associates at Nuao, Rajesh Jaiswal, P.W. 2, Sandeep Kumar Jaiswal, P.W. 3, Parwej Ansari, P.W. 4, and Santosh. At Ramgarh they collected dues from Sanjay Jaiswal, P.W. 1 and others. With the total collection of about Rupees four lacs they proceeded for Buxar at about 3.30 P.M. and telephonically informed him that they did not propose to stop anywhere. A repeat conversation at 4.30 confirmed that they had reached Rampur. There was no contact thereafter and neither did they reach home. The next whole day was spent searching for them. Birendra Singh, P.W. 6, a businessman of Tiara informed him that the previous evening at about 6 P.M. the Maruti Gypsy was seen on the canal road from Rampur to Jamauli proceeding towards Jamauli driven by another. It was preceded by a black Hero Honda Motorcycle motorcycle, followed by a silver coloured Bolero with dark glasses and a Bajaj Discover Motorcycle behind it. P.W. 18 called from Sonbarsa next day at about 8.45 P.M. that P.W. 17 and P.W. 20 had been abducted by seven unknown persons on the point of arms at about 5 P.M. near Rampur village on the Hadhadva bridge after they were intercepted by motorcycles and he had been relased near Sonbarsa. The informant was convinced that the abduction was for ransom.

(3.) Learned Senior Counsel, Sri Kanhaiya Prasad Singh on behalf of the appellant Birbal Choudhary in Criminal Appeal No. 648 of 2008 submitted that P.W. 18 did not identify him in the first Test Identification Parade (hereinafter referred to as T. I. P.) on 11.12.2006. Only in a repeat T.I.P. held on 14.12.2006 he was identified when again in the dock the witness did not identify. Even P.W. 17, who identified accused Shyam Bihari Paswan, Angad Koeri, Krishna Bihari Singh and Jawahar Koeri did not identify him. P.W. 20, another victim denied having named the appellant during investigation. The identification of the appellant was, therefore, not confirmed and he was entitled to acquittal.