SANJAY KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants in all the aforesaid three appeals were convicted and sentenced by common judgment of the trial court and as such all the aforesaid three appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(2.) All the appellants by judgment dated 21.10.2014 were convicted for the offence under Section 120-B, 364- A/120-B and 379/120-B of the Indian Penal Code, 1860 [hereinafter referred to as the "I.P.C."]. In addition Sanjay Kumar Pandey [appellant in Cr. Appeal (D.B.) No. 306 of 2015] has also been held guilty and convicted for the offence under Section 411 of the I.P.C. By order dated 01.11.2014 all the appellants under Section 364-A/120-B of the I.P.C. were sentenced to undergo imprisonment for life and to pay a fine of Rs. 100000/- each. In case of default in payment of fine all were sentenced to undergo rigorous imprisonment for three years. Under Section 379/120-B of the I.P.C. no separate sentence was imposed since all the appellants were already sentenced to undergo imprisonment for life under Section 364-A/120-B of the I.P.C. Appellant- Sanjay Kumar Pandey under Section 411 of the I.P.C. by the same order i.e. order dated 01.11.2014 has further been sentenced to undergo rigorous imprisonment for three years. All the sentences were directed to run concurrently. The judgment of conviction and sentence has been passed by Sri Raghawendra Kumar Singh, learned Additional Sessions Judge 1st , Jehanabad in Sessions Trial No. 457 of 2010 / 63 of 2010 arising out of Makhdumpur P.S. Case No. 264 of 2008.

(3.) Short fact of the case is that on 24.10.2008 a written information was submitted addressed to the Officer-incharge, Belaganj Police Station, District -Gaya by Mantu Kumar (P.W. 10). In the written report it was indicated that the informant while residing in Gaya was driving a Bolero vehicle bearing registration no. BR.-43A-1772 the owner of which was one Sanjeet Prakash (P.W. 13) since last five months. It was indicated that the owner of the said vehicle was plying his vehicle on hire. The owner often used to deal in respect of the rent of the vehicle. On 24.10.2008 customers who had stayed in Satkar hotel near Gaya Railway Station had booked the said Bolero from his owner for roaming to Barabar Hills. On 24.10.2008 in the morning at 10.00 he along with his owner had gone to Satkar hotel and carrying all the said four persons had gone to Barabar Hills on a tour. The rent was fixed by his owner. At about 12.00 noon they reached Barabar hills near a Police camp and went to hill. After about ten minutes one person from amongst the four returned back and taking out one cold drink (Frooti) from the vehicle asked him to drink. The informant thereafter consumed the Frooti and subsequently he felt drowsiness and thereafter beneath a tree near the Police camp he slept and about 4.00 in the evening he was awoken by one person (shepherd). He noticed that vehicle which was parked at the place was not there. He tried to search for the vehicle however neither he could notice the vehicle nor he found the owner of the vehicle and all four persons for a long time. He started searching but all effort went in vein. Thereafter he returned back to his home at Khedarpur on foot. He noticed that the parents of the vehicle owner searching them had already arrived. The informant further stated that from his pocket Nokia Mobile No. 9931722199 with keys of the vehicle and purse were missing. The informant claimed that his owner namely- Sanjeet Prakash by aforesaid unknown four accused persons was kidnapped after the informant was administered sedative by way of offering Frooti along with the white Bolero vehicle. He requested for taking appropriate action and searching for his owner- Sanjeet Prakash and also the vehicle i.e. white colour Bolero. The said written report was forwarded by S.H.O., Belaganj Police Station to Makhdumpur Police Station, Jehanabad on 24.10.2008 itself and thereafter a formal F.I.R. vide Makhdumpur P.S. Case No. 264 of 2008 was registered on 25.10.2008 at 4.00 P.M. for the offence under Section 364/ 379/ 120(B) of the I.P.C. against four unknown accused persons. After registering F.I.R. the case was investigated and charge sheet was submitted on 24.01.2009 against nine accused persons, namely: (1) Munnilal Mahto (appellant no. 1 in Cr. Appeal (D.B.) No. 909 of 2014), (2) Umanath Tiwari (sole appellant in Cr. Appeal (D.B.) No. 44 of 2015), (3) Vinod Tiwari (case separated), (4) Sanjay Kumar Pandey (sole appellant in Cr. Appeal (D.B.) No. 306 of 2015, (5) Vinod Giri (case separated), (6) Lalo Sahani (acquitted), (7) Ajay Singh (appellant no. 2 in Cr. Appeal (D.B.) No. 909 of 2014), (8) Mahesh Sahani (acquitted); and (9) Niraj @ Niranjan Kumar (not tried with the appellants) keeping investigation pending against others. After submission of charge sheet on 24.01.2009 the learned Chief Judicial Magistrate, Jehanabad took cognizance of offence. Subsequently the case of only six accused persons including the aforesaid four appellants was committed to the court of Sessions on 20.12.2010 and it was numbered as Sessions Trial No. 457 of 2010/63 of 2010. On 30.06.2011 after commitment charge was jointly framed against all the six accused persons including the appellants under Section 411/34, 379/34, 120(B), 364(A) of the I.P.C.