Case: Ranjeet Kumar Ram @ Ranjeet Kumar Das Vs. State Of Bihar

2. On 27.02.2006, Sunil Kumar Singh-PW8, a vegetable vendor in Paswan Chowk, lodged a complaint stating that his son Vicky aged five years was playing nearvegetable shop and Rubi Kumari aged seven years sister of the victim boy Vicky was also playing with him. At that time two unknown persons [later identified as Chintoo Singh (A-5) and Birendra Bhagat (A-3)] offered chocolates to Vicky and other children and took away Vicky saying that they would come back and drop the boy; but the boy Vicky did not come back. On the above complaint on 28.02.2006, a case was registered as P.S. Case No.105/2006 at Hazipur Town (Industrial Area), Police Station, Vaishali. Inspite of search, the missing boy could not be traced. After 5-6 days passed, Ranjeet Kumar Ram (A-1) and Sanjay (A-4), who were also vegetable vendors in the same market i.e. at Paswan Chowk, told PW8 that his son would come back if he would pay money. Nearly after three months of the incident, on 23.06.2006, PW8 received a phone call and the kidnappers demanded a ransom of four lakh rupees for return of his son; but PW8 expressed his helplessness to meet the demand, and the demand was reduced to two lakh rupees. Another telephone call was received by PW8 on 1.07.2006 and the final amount of ransom was fixed for Rs.1,05,000/-. On 3.07.2006, PW8 received another call from the kidnappers and PW8 informed them that he has arranged the ransom money and PW8 was asked to bring the money at New Gandak Bridge ahead of Line Hotel of Bachcha Babu at Sonepur. When PW8 expressed fear in coming alone with money, he was instructed by the kidnappers to come with his neighbours Ranjeet Kumar Ram (A-1) and Sanjay (A-4).3. In order to pay the ransom money, PW8 had withdrawn Rs.80,000/- from his Savings Bank account with Bank of India at Rajendra Chowk, Hazipur and PW-8 arranged balance money from his own savings and borrowings from his father-in-law. On 4.07.2006, PW8 wrapped the ransom amount in a plastic bag and kept it in a gunny bag under the carrier of his cycle and PW8 accompanied by Ranjeet Kumar Ram (A-1) and Sanjay (A-4) and Sanjeet (A-2) proceeded to the place as instructed by the kidnappers. When they reached the New Gandak Bridge, Sanjeet (A-2) got down fromcycle and went inside a hut on the left side of the road and PW8 followed him. At that time two persons came out and pulled away the money from the carrier ofcycle. Sanjeet (A-2) informed PW8 that his brother-in-law-Birendra Bhagat (A-3) lives in that hut and PW8 was informed that his son would be returned by evening. Even after payment of the money, the boy was not returned. To inquire about the boy, PW8 went to the hut and learnt from the local people that Birendra Bhagat (A-3) is a criminal and the other person was identified as Chintoo Singh (A-5). On 16.08.2006, PW8 informed the investigating officer-Reeta Kumari (PW12), the names of the accused persons and also about the demand and payment of money to the kidnappers.4. Investigating Officer (PW-12) conducted a raid at Sonepur and arrested Ranjeet Kumar Ram (A-1) and Sanjeet (A-2) and recorded their statement. Based on the statement of Ranjeet Kumar Ram (A-1), investigating officer recovered a currency note of five hundred rupee containing the name of Sunil Kumar Singh-PW8, written in green ink in the handwriting of PW8, from the house of Ranjeet Kumar Ram(A-1), which is recorded in the seizure list (Ex.18). Thereafter, the accused persons Sanjay (A-4), Birendra Bhagat (A-3) and Chintoo Singh (A-5) were also arrested and their statements were recorded. Investigating Officer-PW12, on the basis of statements went to Fakuli Out-Post and learnt about recovery of dead body of a boy aged 4-5 years near the culvert of Bhagwanpur village wherein (Fakuli OP) P.S. Case No.128/06 dated 22.04.2006 under Sections 302, 201 and 34 IPC was registered. PW12 obtained from Fakuli police the seizure list relating to recovery of vest and half pant of deceased boy and his photograph. From the photograph shown to PW8, he identified the dead body of child as well as clothes, as that of Vicky. After the completion of the investigation, PW-12 filed the chargesheet against five accused under Sections 364A, 302/34, 120B and 201 IPC.5. To bring home the guilt of the accused, prosecution has examined fourteen witnesses and exhibited documents and material objects. When questioned under Section 313 Cr.P.C., the accused denied incriminating evidence and circumstances put against them. Defence has examined seven defence witnesses.6. Vide judgment dated 24/28.01.2008, the First Additional Sessions Judge, Vaishali at Hazipur convicted the accused Chintoo Singh (A-5) and Birendra Bhagat (A-3) under Section 364A IPC and sentenced them to undergo rigorous imprisonment for life with fine of Rs.10,000/-. For his conviction under Sections 302/34 IPC, Chintoo Singh (A-5) was awarded death sentence. Sanjeet (A-2), Ranjeet Kumar Ram (A-1) and Sanjay (A-4) were convicted under Section 364A/120B IPC and were sentenced to undergo rigorous imprisonment for life and were imposed a fine of rupees Rs.10,000/- each with default clause. Further, Ranjeet Kumar Ram (A-1), Sanjay (A-4) and Birendra Bhagat (A-3) were convicted under Section 302/34 IPC and were sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000/- each with default clause. The sentences imposed on Birendra Bhagat (A-3), Ranjeet Kumar Ram (A-1) and Sanjay (A-4) were ordered to run concurrently.7. Being aggrieved by the verdict of conviction, accused filed Criminal Appeals No. 268/2008, 357/2008, 451/2008 and 156/2008 in the High Court of Patna. For confirmation of death sentence awarded to Chintoo Singh(A-5), State filed Death Reference Case No.6/2008. The High Court vide common impugned judgment dated 11.10.2010, dismissed the appeals filed by the accused persons and thereby confirmed the conviction and sentence imposed on accused A-1, A-3 to A-5. The High Court converted the death sentence awarded to Chintoo Singh (A-5) as life imprisonment. Accepting the defence plea of alibi, the High Court acquitted 2nd accused–Sanjeet in Criminal Appeal (DB) No.249/2008. In these appeals, appellants assail the correctness of the verdict of the conviction and sentence imposed on them.

Reasoning:
19. So far as the recovery of dead body of boy under the culvert between Bhagwanpur and Bahadarpur road is concerned, as noticed earlier, a F.I.R. was registered in (Fakuli OP) P.S. Case No.128/2006 dated 22.4.2006 under Sections 302, 201 IPC read with Section 34 IPC. Though the statement recorded from the accused Chintoo Singhand Birendra Bhagatdid not lead to any recovery as admissible under Section 27 of the Evidence Act, their statement led to the disclosure of the details of the dead body and registration of F.I.R. in (Fakuli OP) P.S. Case No.128/2006. If no statement was recorded from the accused, place of the dead body of deceased boy would have remained unknown.20. So far as the contention regarding the inadmissibility of the statement recorded from the accused Chintoo Singhd Birendra Bhagatof course, the statement did not lead to the disclosure of any fact as admissible under Section 27 of the Evidence Act. Ideally based on the statement recorded from the accused, the investigating officer should have taken the accused to the alleged place of occurrence which would have led to the disclosure of place of occurrence and omission to do so, is only a lapse in the investigation. Even if it is accepted that there was deficiency in investigation that cannot be a ground to doubt the prosecution version which is otherwise cogent and credible.21. It is well settled that in criminal trials even if the investigation is defective, the rest of the evidence must be scrutinized independently of the impact of the defects in the investigation otherwise the criminal trial will plummet to the level of the investigation. Criminal trials should not be made casualties for any lapses committed by the investigating officer.We are not impressed with the arguments advanced on behalf of the accused Chintoo Singhd Birendra Bhagatthat there is nothing to connect the accused with the body found under the bridge. Corpus delecti in some cases may not be possible to be traced or recovered. If the recovery of a dead body is an absolute necessity to convict an accused, in many cases the culprits would go unpunished as the accused would manage to see that the dead body is destroyed or not recovered. Any lapse in recovery of the dead body or missing link qua the dead body will not enure to the benefit of the accused.Defence plea of accused Ranjeet Kumar Ram (A-1) is that some time prior to the occurrence, there was an altercation between him and PW8 and at that time PW8-Sunil Kumar Singh stated that he would falsely implicate Ranjeet in a criminal case. To prove the defence plea, defence witnesses Baiju Sharma and Budhan Paswan were examined as DWs 4 and 5. The defence plea that PW8 falsely implicated Ranjeet Kumar Ram (A-1) and his family members in the offence of kidnapping and murder of his son defies logic and rightly rejected by the trial court as well by the High Court.As far as Sanjay Mahto (A4) is concerned, he is also a vegetable vendor in Paswan Chowk Market. Though the circumstances that he has also persuaded PW8 to pay the ransom amount to kidnappers and also accompanied PW8 to Sonepur to pay the ransom amount to the kidnappers, Sanjay might have accompanied PW8 as a bonafide helper. Neither any recovery was made from Sanjay nor any incriminating evidence is available against him. So far as Sanjay Mahto (A-4) is concerned, though there may be strong suspicion about his involvement in the commission of the offence, suspicion however strong it may be, cannot take the place of proof. The case against Sanjay (A-4) is not proved beyond reasonable doubt and his conviction is liable to be set aside.