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 near PW8’s vegetable 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 In order to pay the ransom money, PW8 had withdrawn Rs.80,000/- from his Savings Bank account with Bank of India at Rajendra Chowk, Hazipur and PW-8 arranged balance money from his own savings and borrowings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 from PW8’s cycle 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 of PW8’s cycle. 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) 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.

15. On 4.7.2006, PW8 wrapped the ransom amount in a plastic bag and kept it in a gunny bag under the carrier of his cycle and accompanied by Ranjeet Kumar Ram (A1), Sanjeet (A-2) and Sanjay (A-4), PW8 went to pay the ransom amount to the kidnappers. When they reached New Gandak Bridge, accused-Sanjeet (A-2) got down from the cycle and went inside the hut on the left side of the road and PW8 followed him. At that time, two persons came out of the hut and took away the money from the carrier of PW8’s cycle. In the test identification parade, PW8 identified Chintoo Singh (A-

23. Upon appreciation of evidence of PW2 and PW8, the courts below recorded cogent and concurrent reasonings that Chintoo Singh (A-5) and Birendra Bhagat (A-3), for kidnapping the boy Vicky for ransom and committed murder and the conviction of Chintoo Singh (A-5) and Birendra Bhagat (A-3) under Sections 364A, 302 and 201 IPC and the sentence of imprisonment imposed on them cannot be interfered with.

1) had not reacted to the situation and he remained quiet. His conduct in not showing any reaction to his brother-in-law’s act of kidnapping of PW8’s son, which is not in consonance with natural human conduct. This conduct of first accused coupled with the evidence that he has been persuading PW8 to pay the money to kidnappers to get back his son leads to the irresistible inference that accused Ranjeet Kumar Ram (A-1) shared the common intention with accused Nos.3 and 5 in kidnapping the child and committing murder.

31. Criminal Appeal No.1820/2013: Conviction of Sanjay (A-4) is set aside and this appeal is allowed. He is acquitted of the charges and he is ordered to be set at liberty forthwith if not required in any case.

May 15, 2015