Shyam Kishore Sharma & Gopal Prasad, JJ. - (1.) These nine appeals were heard together and being disposed off by this common judgment and order as all the appeals arise of the same judgment and order passed in Session's Trial No. 245 of 2006 in connection with Dehri Town P.S. Case No. 27 of 2006 for offence and under Section 364A and allied sections of the Penal Code.
(2.) The appellant, Kanhaiya Lal, of Criminal Appeal No. 621 of 2006 (D.B.), appellant, Pradip Kumar Shrivastava, of Criminal Appeal No.600 of 2006 (D.B.), appellant, Bimlesh Kumar Singh, of Criminal Appeal No.733 of 2006 (D.B.), appellant, Upendra Kumar Sinha of Criminal Appeal No. 572 of 2006 (D.B.), appellant, Madan Prasad Thathera, of Criminal Appeal No. 583 of 2006 (D.B.) and appellant, Santosh Kumar Singh @ Santosh Gupta, of Criminal Appeal No. 615 of 2006 (D.B.) have been convicted under Section 364A of the Penal Code and have been sentenced to undergo rigorous imprisonment for life and a fine of rupees one lacs each to be recovered from the self and ancestral property of the appellants and appellant, Abhay Kumar @ Pappu, of Criminal Appeal No. 743 of 2006 (D.B.) and appellant, Ramjee Prajapati, of Criminal Appeal No. 614 of 2006 (D.B.) have been convicted under Sections 364A and 120B of the Penal Code in criminal conspiracy in respect of kidnapping and they have been sentenced to undergo rigorous imprisonment for life and a fine of rupees one lacs each to be recovered from personal and ancestral movable and immovable properties of the appellant.
(3.) The prosecution case, as transpired from the first information report and the evidence of the witnesses, is that on 07th February, 2006, the victim, Dr. Shashi Kumar Sinha, (P.W. 3) the husband of the informant, Kiran Sinha, proceeded at 11.00 a.m. from his residence at Station Road, Dehri, to his clinic at Tilauthu by car, but, he did not reach his clinic at Tilauthu. The informant got information from the staff of clinic that the doctor has not reached and the staff reached to the residence of the doctor and disclosed that the car of the doctor has not been found in the way as well. The informant, Kiran Sinha, (P.W. 2) even tried to contact with her husband, Dr. Shashi Kumar Sinha, but, could not contact as the mobile of the husband was off and the matter was, ultimately, reported to the police on which the first information report was lodged as a suspected case of kidnapping of Dr. Shashi Kumar Sinha with his driver. However, Dr. Amitabh Sinha, (P.W. 1) the son of the victim, Dr. Shashi Kumar Sinha, came from Delhi. A phone call was received by Dr. Amitabh Sinha (P.W. 1) from the kidnappers regarding the initial demand of rupees one crore, but, materialized at rupees twelve lacs to be paid at Ranchi and the son of the informant paid the amount of rupees twelve lacs on 12th February, 2006, to the kidnappers at Ranchi. However, the victim was not released even on payment of the ransom amount of rupees twelve lacs and the kidnappers demanded more money. A further demand was made and even a letter received in the hand writing of the victim and rupees five lacs was, again, demanded to be paid on 10th of March, 2006. The son of the informant intimated the fact to the Superintendent of Police, Dehri, and, thereafter, a trap arranged. The son of the informant proceeded with rupees five land as per instruction of the kidnappers to follow the route from Hanuman Mandir to Ganchi Maidan, Patna, through Frazer Road till Gaighat. Two persons were arrested near the Patna Medical College & Hospital by police, who had arranged the trap on suspicion. The two persons arrested disclosed their name as Desh Deepak Kumar Vihangam and Kanhaiya Lal. Desh Deepak Kumar Vihangam confessed and disclosed about the whereabouts of the victim and at their instance the victim was recovered from the place of recovery along with four accused who were arrested were Bimlesh Kumar Singh, Madan Prasad Thathera, Pradip Kumar Shrivastava and Upendra Kumar Sinha. Two persons Ramjee Prajapati and Abhay Kumar @ Pappu, the sons of the Compounder of the doctor, were found during the period of kidnapping having talked with kidnappers and one of mobiles used said to be belonging to Santosh Kumar @ Santosh Gupta.;