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2022 Supreme(SC) 368

SANJIV KHANNA, BELA M. TRIVEDI
Desh Deepak Kumar Vihangam @ Deepak Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
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.

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. Shas


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