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2022 Supreme(SC) 368
SUPREME COURT OF INDIA
SANJIV KHANNA, BELA M. TRIVEDI, JJ.
Desh Deepak Kumar Vihangam @ Deepak Kumar – Appellant
Versus
The State of Bihar – Respondent
Criminal Appeal Nos. 673, 674-675, 683, 1714-1715 of 2011
Decided On : 08-03-2022
For the Appellant(s) Mr. Deepak Nargolkar, Sr. Adv. Ms. Prerna Singh, Adv. Mr. Shikhar Srivastava, Adv. Mr. T. Mahipal, AOR Mr. Shreeyash U. Lalit, Adv. Mr. Mahesh Kumar, Adv. Mr. Nikhilesh Kumar, Adv. Ms. Devika Khanna, Adv. Mr. Vishal Sharma, Adv. Mrs. V. D. Khanna, AOR Mr. Kripa Shankar Prasad, AOR Mr. Manu Shanker Mishra, AOR Mr. Nishant Kumar, Adv. Mr. Nithyananda Muthy P, Adv. Ms. Bhanu Prabha, Adv. Mr. Vivekanand Singh, Adv. Mr. Anirudh Ray, Adv.
For the Respondent(s): Mr. Abhinav Mukerji, AOR Ms. Pratishtha Vij, Adv. Ms. Bihu Sharma, Adv. Mr. Arshi C. Shrivastava, Adv.
IMPORTANT POINT
Offence of conspiracy cannot be deemed to have been established on mere suspicion and surmises or inference which are not supported by cogent and acceptable evidence.
Headnote:
Indian Penal Code, 1860 – Sections 364A and 120B – Kidnapping for ransom and conspiracy – Conviction and sentence – Ransom money recovered from accused – However, offence of conspiracy cannot be deemed to have been established on mere suspicion and surmises or inference which are not supported by cogent and acceptable evidence – Direct independent evidence of criminal conspiracy is generally not available and its existence is a matter of inference – Conviction and sentence partly affirmed. (Paras 14 to 18)
Facts of the case:
Impugned judgment dated 20th May 2010 passed by the High Court of Judicature at Patna dismissed the appeals preferred by Desh Deepak Kumar Vihangam @ Deepak Kumar, Bimlesh Kumar Singh, Madan Prasad Thathera, Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar @ Pappu, who have been convicted under Sections 364A and 120B of the Indian Penal Code, 1860 (‘Penal Code’, in short). The aforesaid 6 convicts were sentenced to undergo Imprisonment for Life. Desh Deepak Kumar Vihangam was ordered to pay a fine of Rs. 7,00,000 (Rupees Seven lakh Only), while the rest of the convicts were ordered to pay a fine of Rs. 1,00,000/- each.
Findings of Court:
Appeals preferred by Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar @ Pappu are allowed, and their convictions under Section 364A and 120B of the Penal Code are set aside. Bail bonds of Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar stand cancelled. Deepak Kumar, who is enlarged on bail, shall surrender to the concerned authorities within 10 days from today to serve the sentence of Imprisonment for life and pay the fine of Rs. 7,00,000/- with stipulations for recovery.
Result : Appeals dismissed.
JUDGMENT :
1. Impugned judgment dated 20th May 2010 passed by the High Court of Judicature at Patna dismissed the appeals preferred by Desh Deepak Kumar Vihangam @ Deepak Kumar, Bimlesh Kumar Singh, Madan Prasad Thathera, Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar @ Pappu, who have been convicted under Sections 364A and 120B of the Indian Penal Code, 1860 (‘Penal Code’ in short). The aforesaid 6 convicts were sentenced to undergo Imprisonment for Life. Desh Deepak Kumar Vihangam was ordered to pay a fine of Rs. 7,00,000 (Rupees Seven lakh Only), while the rest of the convicts were ordered to pay a fine of Rs. 1,00,000 (Rupees One Lakh Only) each.
2. The impugned judgment by the High Court however acquits Santosh who was convicted by the trial court. The State has not preferred any appeal challenging the acquittal of Santosh. The impugned judgment has also convicted Pradeep Kumar Shrivastava, who had preferred a petition for special leave to appeal, which was dismissed on 22nd October 2010. Another co-convict, Upendra Kumar Singh, whose conviction was upheld by the High Court, has expired and hence, his appeal has abated.
3. The case relates to the kidnapping for ransom of Dr. Shashi Kumar Sinha (PW-3), abducted along with his driver Salauddin (PW-5) on 7TH February 2006 while travelling in a car from his residence at Station Road, Dehri, to his clinic at Tilouthu Village. Kiran Sinha (PW-2), the wife of Dr. Shashi Kumar Sinha and Dr. Amitabh Sinha (PW-1), son of Dr. Shashi Kumar Sinha, have deposed that calls for ransom were made. Initially, an amount of Rs. 1,00,00,000/- (Rupees One Crore Only) was demanded, but thereafter, the kidnappers had agreed to release the captives on payment of Rs. 12,00,000/- (Rupees Twelve Lakhs Only). Dr. Amitabh Sinha (PW-1) had deposed that he had paid a ransom of Rs. 12,00,000/- (Rupees Twelve Lakhs Only) to Deepak Kumar at Ranchi on 24th February 2006. At that time, Dr. Amitabh Sinha (PW-1) did not know the name and identity of Deepak Kumar. He came to know about his identity when Deepak Kumar was arrested at Patna by the I.O. Yogesh Chandra (PW-8) and Inspector Krishna Kumar Singh @ K.K. Singh (PW-4). Dr. Amitabh Sinha (PW-1) had visited Patna on 9th March 2006 as the kidnappers had demanded a further sum of Rs. 5,00,000/- (Rupees Five Lakh Only) as ransom. Deepak Kumar and Kanhaiya Lal were arrested at Patna on 10th March 2006. Inspector K.K. Singh (PW-4) and I.O. Yogesh Chandra (PW-8) have deposed that Deepak Kumar had then made a disclosure statement whereupon the police along with Deepak Kumar and Kanhaiya Lal had proceeded to Village Bar, District Aurangabad, Bihar. Dr. Shashi Kumar Sinha (PW-3) and Salauddin (PW-5) were rescued in the intervening night of 10th and 11th March from the house of Upendra Kumar Sinha situated at Village Bar. Bimlesh Kumar Singh, Madan Prasad Thathera, Pradip Kumar Shrivastav and Upendra Kumar Sinha were present at the house and were involved in the kidnapping of Dr. Shashi Kumar Sinha (PW-3) and Salauddin (PW-5). They were arrested. Dr. Shashi Kumar Sinha (PW-3) and Salauddin (PW-5), the victims, identified Deepak Kumar, Bimlesh Kumar, Madan Prasad Thathera, Pradeep Kumar and Upendra Kumar in the court. On the basis of the disclosure statement made by Deepak Kumar, Rs. 6,00,000/- (Rupees Six Lakhs Only) were recovered from his tenanted premises at Patna. Some of the currency notes recovered bore the signatures of Dr. Amitabh Sinha (PW-1).
4. In view of the aforesaid facts, and the appreciation of evidence, we hold that the conviction of Bimlesh Kumar, Madan Prasad Thathera and Deepak Kumar is correct. We are in agreement with the findings and conclusions of the trial court and the High Court in this regard.
5. We will now be adverting to the case of Kanhaiya Lal. Dr. Amitabh Sinha (PW-1) has deposed that on 9th March 2006 he received a phone call from the kidnapper who asked him to come to Patna with Rs. 5,00,000/- (Rupees Five Lakh Only). He was told to reac
