PRADEEP KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY judgment, dated 21.12.2013, passed, in Sessions Trial No. 965 of 2010, by learned Additional Sessions Judge -VI, Patna City, Patna, all the appellants, namely, Pradeep Kumar, Vikash Pandey, Tarachand @ Tara Chand Paswan, Vicky Kumar, Upendra Rajbansi, Sanjit Kumar, Pramesh Mahto, Vikash Kumar and Sunil Kumar, stand convicted under Section 364A and Section 120 B of the Indian Penal Code. The appellants, namely, Vikash Pandey, Tarachand @ Tara Chand Paswan, Vicky Kumar, Vikash Kumar and Sunil Kumar, also stand convicted under Sections 302 and 201 of the Indian Penal Code.

(2.) CONSEQUENT upon their conviction, under Section 364A and Section 120 B of the Indian Penal Code, as mentioned hereinbefore, all the appellants have been sentenced, vide impugned order, dated 23.12.2013, to undergo imprisonment for life and pay fine of Rs.10,000/ - each and, in default of payment of fine, undergo rigorous imprisonment for one year. Following their conviction, under Section 302 of the Indian Penal Code, the appellants, namely, Vikash Pandey, Tarachand @ Tara Chand Paswan, Vicky Kumar, Vikash Kumar and Sunil Kumar have been further sentenced to undergo imprisonment for life and pay fine of Rs.10,000/ - each and, in default of payment of fine, undergo rigorous imprisonment for one year. The appellants, namely, Vikash Pandey, Tarachand @ Tara Chand Paswan, Vicky Kumar, Vikash Kumar and Sunil Kumar have further been sentenced to undergo imprisonment for five years and pay fine of Rs.5,000/ - each and, in default of payment of fine, undergo rigorous imprisonment for one year, for their conviction under Section 201 of the Indian penal Code. However, all the sentences have been ordered to run concurrently.

(3.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as under: (i) One Chandra Sekhar Prasad gave information, in writing, to Bahadurpur Police Station, on 22.01.2010, stating therein, inter alia, that on 20.01.2010, at about 8.00 P.M., though his father, Bhagwat Mehta, had left his restaurant, situated near Kumahrar Gumti, for his house, situated at Vikash Nagar, Road No.2, under Alamganj Police Station, and yet he did not reached his house, an information was, in the same night, given, on telephone, in this regard, to the police, at Alamganj Police Station and, at about 9.00 A.M., on 21.01.2010, the informant had also lodged a complaint at Alamganj Police Station, which was recorded as Sanha (General Diary Entry) No. 502. The informant further alleged, in his written information, mentioned hereinbefore, that in the evening of 21.01.2010 and also in the morning of 22.01.2010, demands for payment of Rs. 25,00,000/ - (Twenty five lacs) were made from different telephone numbers with the threat that in case of failure to pay the demanded amount (i.e. ransom), the abducted person (i.e., Bhagwat Mehta) would be killed. In view of the telephone calls and demands for ransom, the informant alleged that his father had been abducted and is under threat of murder. (ii) On the basis of the written information, so lodged by the informant, Chandra Sekhar Prasad (PW. 6), Bahadurpur Police Station Case No. 06 of 2010, dated 22.01.2010, was registered under Section 364A of the Indian Penal Code against unknown culprits. (iii) The Station House Officer, Bahadurpur Police Station, namely, Sanjeev Kumar, took charge of investigation of the case himself and, on completion of investigation, submitted charge sheet No. 17 of 2010, dated 15.04.2010, against 15 accused persons including the appellants for the offences allegedly committed by them under Sections 364, 364A, 302, 201 and 120 B of the Indian Penal code.