VIKASH KUMAR SRIVASTAVA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) When the facts of a given case reveal that under a planned move, some persons, possessing fire-arms, dragged out major persons, forcibly from car and took them away with them, can these acts constitute an offence under Sec. 364A of the Indian Penal Code or not, if the accused persons are apprehended before any demand for ransom is made. This is a crucial question of law, which this set of appeals has thrown up for an answer.

(2.) Under the judgment, dated 08.12.2008, passed, in Sessions Trial No. 10 of 2008/400 of 2006, by learned Additional District and Sessions Judge, Fast Track Court, IV, Gaya, the appellants, Vikash Kumar Srivastava, Ritesh Kumar Rai @ Jitesh Kumar @ Jitesh Rai, Mithlesh Singh @ Raju Singh @ Raju, Rakesh Gope, Niranjan Singh @ Malkhan Singh, Santosh Kumar Singh @ Santosh Singh @ Pintu and Sonu Yadav @ Sunil, stand convicted under Sec. 364A read with Sec. 34 of the Indian Penal Code. Following their conviction, the accused-appellants have been sentenced to suffer imprisonment for life and pay a fine of Rs. 2,000.00 each and, in default of payment of fine, undergo simple imprisonment for three months.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be set out as under: