AJAY CHAUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal No.1066 of 2006 (DB) has been filed on behalf of appellants Ajay Chauhan @ Gautam Singh and Rambrikh Singh @ Rambrikh Chauhan against the judgment of conviction dated 5.7.2006 and order of sentence dated 7.7.2006 passed in Sessions Trial No. 107 of 2005/ 9 of 2005 by learned Additional District and Sessions Judge, F.T.C.-II, Nawada holding them guilty for the offence punishable under sections 364A and 120B of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life. Cr.Appeal No.71 of 2008 has been filed on behalf of Dilip Ram against the judgment of conviction dated 17 th December, 2007 and order of sentence dated 18.12.2007 passed by learned Additional District and Sessions Judge, F.T.C.III, Nawada, in Sessions Trial No.09-A of 2005/133 of 2007 convicting him for the offence punishable under section 364A read with section 120B of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.

(2.) Since both the appeals arise out of two split up sessions trial from Nawada Town P.S.Case No.211 of 2004, they have been heard together and are being disposed of by a common judgment.

(3.) The prosecution case in brief, according to the informant Rajdeo Prasad (P.W.4) whose written report dated 10.7.2004 submitted to the Officer Incharge Town Police Station, Nawada, is the basis of the first information report, is that his son namely Ajit Kumar @ Karu aged about 22 years was kidnapped by some unknown criminals from Nawada Bazar regarding which an information was made earlier to the police on 16.5.2004 and a station diary entry was already made in that regard. On 17.5.2004 for the first time he received a ransom call from telephone no.233896 by which a demand of Rs. five lakh was made from him for release of his abducted son who was in the captivity of the caller. On enquiry he came to know that ransom call was made from a telephone booth of appellant Ajay Chauhan @ Gautam Singh situated at village Purani Rajauli. It is further alleged that the informant kept contacting the miscreants on telephone. The informant contacted appellant Dilip Ram, who was then lodged in Nawada jail. Dilip Ram gave a letter to the informant which was in the name of appellant Ajay Chauhan. Ajay Chauhan was requested to release the victim after receiving ransom money. The informant paid rupees seventy thousand to appellant Ajay Chauhan on 19.6.2004 but the victim was not released. Thereafter on 27.6.2004 Rs.30,000/- was paid by the informant through one Shankar Prasad Singh to whom the victim was also shown but not released. On 29.6.2004 again P.W.3 Satyadeo Prasad the brother of the informant and one Shankar Prasad Singh jointly went and paid Rs.30,000/- to the kidnapper but the informant s son was not released. Being aggrieved a complaint was made in this regard to Dilip Ram who called appellant Rambrikh Chauhan in court premises. The informant and others followed Rambrikh Chauhan who came in court campus on 9.7.2004. It is further alleged that Rambrikh Chauhan met Dilip Ram in the court where he gave some money to Dilip Ram. The informant and others kept on following appellant Rambriksh Chauhan till Rajauli where Sub.divisional Police Officer was informed after apprehending Rambrikh Chauhan. The SDPO immediately rushed there and arrested Rambrikh Chauhan and on his disclosure appellant Ajay Chauhan was also arrested and handed over to Nawada Town Police Station. Appellant Ajay Chauhan made a confession before the police in which he disclosed the name of eleven persons involved in the alleged offence. On the basis of said written report the officer inchage of Nawada Town Police Station drew a formal first information report being Nawada Town P.S. Case No.211 of 2004 dated 10.7.2004 under section 364A and 120B of the Indian Penal Code and handed over the investigation to one Ashok Mahto, a Sub.Inspector of Police.