SUBODH SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shiv Shankar Sharma, learned counsel appearing on behalf of the appellant in Criminal Appeal (DB) No. 398 of 2016, Mr. Shiv Shankar Sharma and Mr. Pancham Lal Jaiswal, learned counsels appearing on behalf of the appellant in Criminal Appeal (DB) No. 454 of 2016 and Mr. Binod Bihari Singh, learned Additional Public Prosecutor appearing on behalf of the State in both Criminal Appeal (DB) No. 398 of 2016 and 454 of 2016.

(2.) By the impugned judgement and order dtd. 22/4/2016 passed by the learned Sessions Judge, Muzaffarpur, in S.Tr. No. 466/12 arising out of Bochahan P.S. Case No. 211/2010, the appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_58_LAWS(PAT)5_2023_1.html</FRM> <FRM>JUDGEMENT_58_LAWS(PAT)5_2023_2.html</FRM>

(3.) Calyx of prosecution case is the self-written statement of Sub-Inspector, Jitendra Kumar Singh, (PW-4) addressing to S.H.O.-Bochahan, which was recorded on 28/12/2010 at about 2:45 P.M. at Tilak Tajpur Chowk police station stating thereof that he received information today itself at about 7:45 A.M. from one Dilip Kumar Sinha, resident of Bhusahi, Police Station- Bochahan over telephone that his son, namely, Shubham Sinha (PW-5/victim), aged about 13-14 years, who is a student of class - 9th of D.A.V school, while going to Bhusahi in connection with his study by bicycle and as so going after short distance, a red coloured Bolero vehicle bearing registration no. BR06P5449 carrying five to seven persons and one silver coloured platina motorcycle bearing registration no. BR06N6912 driving by a person kidnapped his son Shubham Sinha (PW 5/victim) and went towards Bhutane leaving a paper note on spot, raising demand for Rs.20,00,000.00 (Rupees Twenty Lacs) as ransom. It is stated further that a sanha of said information was registered by him and information of this occurrence was also given to the senior police officers, thereafter, he alongwith A.S.I. Kameshwar (PW- 6), A.S.I. Ramprit Singh (PW- 1), Havaldar-Radhey Mohan Singh, Constable No. 621, Surendra Prasad Yadav, Constable No. 394 and one Home-guard Ramesh Rai also the driver of police vehicle started to follow kidnappers. While chasing kidnappers/criminals, as they arrived on Bhutane chowk and enquired from local people, they were informed that one red coloured Bolero vehicle bearing registration no. BR06P5449 carrying five to seven persons alongwith one silver coloured platina motorcycle bearing registration no. BR06N6912 aheading Bolero just crossed this place with high speed. He passed over this information to his senior officers and also informed to nearby police stations. In the meantime Deputy Superintendent (East Zone) Sibli Nomani also arrived to Bhutane Chowk with all armed police forces to cooperate and he also narrated the episodes to them. Thereafter, they collectively started to chase kidnappers/criminals in same direction, and in course of chasing as they arrived on Chapra chowk, they again enquired from locals, who again confirmed that a red coloured Bolero vehicle bearing registration no. BR06P5449 having five to seven persons just went towards Padri Kawahi O.P., alongwith one silver coloured platina motorcycle bearing registration no. BR06N6912 driving by a young person. This information was again passed over to senior police officers and entire police team moved towards Padri Kawahi O.P., in the mean time Minapur S.H.O. (Station House Officer), namely, Jitendra Prasad also joined them. On further enquiry at Padari Kawahi O.P. they came to know that both vehicles went in direction of Mahilwara. This information was also passed over to senior police officers and nearby police stations, and thereafter, police party moved towards Mahilwara. As he alongwith police personnels arrived at Mahilwara, it was confirmed by locals that red coloured Bolero vehicle bearing registration no. BR06P5449 and silver coloured platina motorcycle bearing registration no. BR06N6912 driven by one young person just crossed this place in very high speed. He again informed senior officers about the development and continued to chase both vehicles. While they were chasing kidnappers/criminals and as so they were just behind 150 to 160 yards of Tilak Tajpur chowk, they found one red coloured Bolero vehicle and one platina motorcycle were running with high speed, coming close while chasing, police party asked them to stop, resultantly, Bolero vehicle and motorcycle stopped and the persons, who were inside the vehicle and were riding the motorcycle started to run away, who were apprehended immediately after chasing for a short distance. All apprehended five persons brought near to Bolero vehicle bearing registration no. BR06P5449 and by the same time some people arrived there on motorcycle claiming to be the family members of Shubham Sinha (PW- 5/victim). Said Bolero vehicle was searched by complying the rules in presence of two witnesses, namely, Roshan@Vivek Gaurav (PW- 2) son of Rajesh Kumar and Sanjeev Kumar@Raman Srivastava (PW- 3) son of Late Satyadev Prasad, both resident of Sakni Gosabadh road Rajendra Maarg of Town P.S., Dist.-Muzaffarpur, whereupon after search of Bolero, a young boy aged about 13-14 years old found sitting under the back seat of vehicle, whose hand was tied up with red muffler. On enquiry, said young boy disclosed his name as Shubham Sinha (PW- 5/victim) and his muffler was un-tied immediately, who disclosed his father's name as Dilip Kumar Sinha resident of village Bhusahi, P.S.-Bochahan. It was stated by him that today i.e., on 28/12/2010 he as usual was going to his D.A.V. school, located as Bakhari from his house at Bhusahi and as he travelled for a short distance, all apprehended persons forcibly taken him inside Bolero vehicle on point of pistol. It is also stated by Shubham Sinha (PW- 5/victim) that four kidnappers/criminals leave vehicle on way for undisclosed destination. On enquiry, Shubham Sinha (PW- 5/victim) further disclosed that they were talking about the ransom money of Rs.20,00,000.00 (Rupees Twenty Lacs) and naming each other as Lal Bihari, Pankaj, Md. Azibul Rahman, Subodh Sahani, Lal Babu Singh, Ravi Singh, Vinay Sahani and Balkrishan. The person, who were apprehended from Bolero vehicle and motorcycle were disclosed their name as:- (i) Lal Bihari, resident of Pakri, P.S.- Hathaudi, Dist.- Muzaffarpur (ii) Pankaj Kumar, son of Vinod Sahni resident of Kawahi, P.S.- Runnisaidpur, Dist.-Sitamarhi, (iii) Md. Azibul@Kallu, son of Md. Habib resident of Malahi, P.S.- Paaru, Dist.- Muzaffarpur, (iv) Pankaj Kumar son of Kameshwar Singh resident of Galhaul, P.S.- Sindhia, Dist.-Samastipur, who presently reside at Rampur colony, P.S.- Sadar, Dist.- Muzaffarpur and (v) Subodh Sahani son of Rambachan Sahani, resident of Punarwara shyam, P.S.- Hathauri, Dist.-Muzaffarpur. He also disclosed the name of their accomplice in said occurrence as:- (i) Lal Babu Singh son of Radhey Krishna Bhagat and (ii) Ravi Singh son of Lal Babu Singh, both village of Kanhara, P.S.- Bochahan, Dist.- Muzaffarpur, (iii) Vinay Sahani son of Mahabir Sahani, resident of Dubarbanna, P.S.-Hathauri, Dist.- Muzaffarpur and (iv) Bal Krishan Sahani son of Sukeshwar Sahani, village-Bhushra, P.S.- Gayghat, Dist.-Muzaffarpur, who were equipped with arms and leave Bolero vehicle somewhere in way. It was also disclosed by them that after planning they kidnapped Shubham Sinha (PW- 5/victim) for a ransom money of Rs.20,00,000.00 (Rupees Twenty Lacs), where Bolero vehicle was of Pankaj Singh and the motorcycle was of Lal Bihari Mahto (appellant/convict). On search in presence of two witnesses, namely, Raushan@Vivek Gaurav (PW- 2) son of Sri Rakesh Kumar and Sanjeev@Raman Srivastava (PW- 3) son of Late Satydev Prasad, both resident of Golabadh road P.S. town, dist.- Muzaffarpur from possession of arrested accused persons three mobiles set of Soni Erection of Nokia Company and one Chinese mobile set were seized. Further from Bolero vehicle tie, belt of red colour and red colour muffler were also recovered which was used to tie up the hand of Shubham Sinha (PW- 5/victim). One black glove was also recovered. In presence of these witnesses, (i) red coloured Bolero vehicle having SLE No. BR06P5449, Chasis No. MA1PL2GAK82F39839, Engine No. A84 F40683, (ii) One silver coloured platina motorcycle having registration no. BR06N6912, (iii) Five mobile sets from the accused persons and (iv) Tie, belt, muffler and gloves were seized and accordingly, a seizure list was prepared which were duly signed by these witnesses. A copy of seizure list was supplied to arrested accused persons/appellants. In present raid, active role was also played by nearby police station. Lastly, he claimed that all apprehended five accused persons alongwith non-apprehended co-accused, namely, Lal Babu Singh, Ravi Singh, Vinay Sahani and Bal Krishna Sahani for the ransom of Rs.20,00,000.00 (Rupees Twenty Lacs) kidnapped Shubham Sinha (PW- 5/victim). It is stated that offence of Sec. 364 (A) and 34 of the Indian Penal Code (in short 'I.P.C.') is a cognizable offence. Hence, all these accused persons were arrested. Accordingly, the appropriate legal proceedings was requested to initiate.