Subodh Sahani vs State of Bihar - 2023 Supreme(Pat) 268

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 268

IN THE HIGH COURT OF JUDICATURE AT PATNA
A. M. BADAR and CHANDRA SHEKHAR JHA, JJ.
Criminal Appeal (DB) No.398 of 2016
(16.5.2023)
Subodh Sahani (in 398)
Lal Bihari Mahto (in 454) ... Appellants
vs.
State of Bihar ... Respondent
(in both)

Advocates:
For the Appellants : Mr. Shiva Shankar Sharma, (in both); Mr. Pancham Lal Jaiswal (in 454).
For the Respondent: Mr. Binod Bihari Singh, APP. (in both).

Headnote:
Indian Penal Code, 1860 – Section 364 (A)/34 – Kidnapping for ransom under threat of death/hurt – appellants/convicts were apprehended during the course of occurrence of kidnapping itself, where victim was rescued from the vehicle which was used for the purpose of kidnapping – though he was assaulted by butt of pistol by kidnappers but he never deposed that any threat to kill was advanced to him – his hand was tied up by using his red colour muffler and thereafter, he was put inside dickey of Bolero – alleged hurt appears to secure kidnapping and to ensure victim to reach upto Bolero, which parked on road – though, he deposed that one of the accused persons told another that as he identified them, it is safer to kill victim (PW 5) but it was not responded by others or agreed upon – no direct threat to kill was advanced to him inside vehicle – no recovery of arms made from any co-accused persons including appellants/convicts – such assault and circumstances is not sufficient to bring charge under home of Section 364 – A IPC – conviction under Section 364 – A /34 is unsustainable – however charge altered to Section 363 IPC and sentence reduced to seven years with fine of Rs. 5000/- appeals allowed in part. (Paras 18, 20 to 25)
(2021) 9 SCC 59, AIR 2023 SC 1243 – Referred.

Chandra Shekhar Jha, J.—Heard Mr. Shiv Shankar Sharma, learned counsel appearing on behalf of the appellant in Criminal Appeal (DB) No. 398 of 2016, Mr. Shiv Shankar Sharma and Mr. Pancham Lal Jaiswal, learned counsels appearing on behalf of the appellant in Criminal Appeal (DB) No. 454 of 2016 and Mr. Binod Bihari Singh, learned Additional Public Prosecutor appearing on behalf of the State in both Criminal Appeal (DB) No. 398 of 2016 and 454 of 2016.

2. By the impugned judgement and order dated 22.04.2016 passed by the learned Sessions Judge, Muzaffarpur, in S.Tr. No. 466/12 arising out of Bochahan P.S. Case No. 211/2010, the appellants have been convicted and sentenced as under:—

IN CRIMINAL APPEAL (DB) NO. 398 of 2016

Appellant’s Name	Conviction under Sections	Imprisonment	Sentence Fine (Rs.)	In default of fine
Subodh Sahani	364(A) and 34 of the Indian Penal Code	For life	15,000/-	Simple Imprisonment of 6 months

IN CRIMINAL APPEAL (DB) NO. 454 of 2016

Appellant’s Name	Conviction under Sections	Imprisonment	Sentence Fine (Rs.)	In default of fine
Lal Bihari Mahto	364(A) and 34 of the Indian Penal Code	For life	10,000/-	Simple Imprisonment of 6 months

3. Calyx of prosecution case is the self-written statement of Sub-Inspector, Jitendra Kumar Singh, (PW-4) addressing to S.H.O.-Bochahan, which was recorded on 28.12.2010 at about 2:45 P.M. at Tilak Tajpur Chowk police station stating thereof that he received information today itself at about 7:45 A.M. from one Dilip Kumar Sinha, resident of Bhusahi, Police Station- Bochahan over telephone that his son, namely, Shubham Sinha (PW-5/victim), aged about 13-14 years, who is a student of class - 9th of D.A.V school, while going to Bhusahi in connection with his study by bicycle and as so going after short distance, a red coloured Bolero vehicle bearing registration no. BR06P5449 carrying five to seven persons and one silver coloured platina motorcycle bearing registration no. BR06N6912 driving by a person kidnapped his son Shubham Sinha (PW 5/victim) and went towards Bhutane leaving a paper note on spot, raising demand for Rs. 20,00,000/- (Rupees Twenty Lacs) as ransom. It is stated further that a sanha of said information was registered by him and information of this occurrence was also given to the senior police officers, thereafter, he alongwith A.S.I. Kameshwar (PW- 6), A.S.I. Ramprit Singh (PW- 1), Havaldar-Radhey Mohan Singh, Constable No. 621, Surendra Prasad Yadav, Constable No. 394 and one Home-guard Ramesh Rai also the driver of police vehicle started to follow kidnappers. While chasing kidnappers/criminals, as they arrived on Bhutane chowk and enquired from local people, they were informed that one red coloured Bolero vehicle bearing registration no. BR06P5449 carrying five to seven persons alongwith one silver coloured platina motorcycle bearing registration no. BR06N6912 aheading Bolero just crossed this place with high speed. He passed over this information to his senior officers and also informed to nearby police stations. In the meantime Deputy Superintendent (East Zone) Sibli Nomani also arrived to Bhutane Chowk with all armed police forces to cooperate and he also narrated the episodes to them. Thereafter, they collectively started to chase kidnappers/criminals in same direction, and in course of chasing as they arrived on Chapra chowk, they again enquired from locals, who again confirmed that a red coloured Bolero vehicle bearing registration no. BR06P5449 having five to seven persons just went towards Padri Kawahi O.P., alongwith one silver coloured platina motorcycle bearing registration no. BR06N6912 driving by a young person. This information was again passed over to senior police officers and entire police team moved towards Padri Kawahi O.P., in the mean time Minapur S.H.O. (Station House Officer), namely, Jitendra Pra