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2016 Supreme(Del) 1038
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, SANGITA DHINGRA SEHGAL, JJ.
VINOD @ VINODE @ BHOLE - Appellant
Versus
STATE - Respondent
CRL.A.NO.1492/13, CRL.A.NO.182/2014, CRL.A.NO.1595/2013
Decided on : 25-2-2016
Advocate Appeared:
Mr.Praveen Kumar, Advocate
Mr.Feroz Khan Ghazi, APP for the State
Headnote:
CRIMINAL CONSPIRACY - SECTION 120B OF THE INDIAN PENAL CODE - [FACTS OF THE CASE] - [FINDING OF THE COURT] - [ISSUES] - [RATIO DECIDENDI] - [FINAL DECISION]
Fact of the Case:
The case of the prosecution is that on 16.09.2007 Mahipal (PW1) visited PS New Ashok Nagar and complained about missing of his brother Ajay (PW5) and neighbour Ravinder Kumar (PW6) since 13.09.2007. He further told that he and relatives of PW6 had been receiving ransom calls. Ins. Arun Kumar (PW16) prepared rukka and got FIR registered under Section 364A IPC. Call detail records (CDRs) of mobile No. 9871276142 belong to victim Ravinder and phone No. 9971427767 belonging to Ajay were analyzed. Number 9997436407 was found as suspect number. On the basis of analysis of CDRs, it was found that victims were somewhere in the area of District Ferozabad, UP. On 01.10.2007, PW16 along with Insp. Ram Kishore (PW15) reached at the office of SSP, Ferozabad and from local intelligence, he came to know that the gang of accused Vinod is involved in such activities. On 04.10.2007, PW16 with other police staffs reached PS-Matsena, District Ferozabad, UP and there he met SO K. K. Mishra (PW19). A strategy was planned for launching combing operation in the area and various teams were constituted. The area was searched next day in the afternoon. PW19 received a secret information that a person named Vinod is standing near Sikera Mata Mandir and is waiting for someone and he has been beholding two persons of Delhi. Team of PW16 reached at Sikera Mata Mandir and on the pointing out of informer, accused Vinod was apprehended. From his possession, one mobile phone belonging to Ravinder (PW6) was recovered. During interrogation, accused Vinod made disclosure statement and led police party to Beehar at a distance of 1½ -2 kilometers from that place. There two victims i.e. Ajay and Ravinder (PW5 and PW6) were found lying on the ground with their feet tied with rope and their eyes were tied with angochhas. Associates of accused Vinod managed to run away. Both the victims were in bad shape as they had lost their weight, wearing dirty clothes and appear not to have shaved for 20-25 days. Both the victims were brought to Delhi. On 12.12.2007, PW17 received information that accused Prem Chand @ Fauzi has been arrested by the police of PS Makhanpur, District Ferozabad, UP. He sought his production warrant and got him produced in the court on 15.12.2007. Accused Prem Chand was arrested in this case. After investigation police filed first chargesheet against both the accused under section 364A/34 IPC.
Finding of the Court:
The testimonies of PW-1 and PW-2 are reliable for the reason that both the witnesses have described in an identical manner in which the ransom calls were made and the ransom letters were received. Both PW-1 and PW-2 also testified the place where the ransom money was to be delivered i.e. at Kachora Ghat, Hanuman Temple. PW-2 has also given a complete description how the instructions of the caller were being followed and how the Police was in constant touch. PW-2 has also given the dates and time when the phone calls were being received.
Issues: None
Ratio Decidendi: The ingredients of the Section 120B are also proved in the present case as: a) There was an agreement between the persons who are alleged to conspire. b) The agreement was for an illegal activity. c) The common intention of the accused persons was also proved. d) All the accused have played there part in the act for achieving the common purpose for their common benefits.
Final Decision: The appeals do not present special features warranting any interference by this Court. The appeals are devoid of any merit and are, accordingly, dismissed.
G. S. SISTANI, J.
1. Since the present appeals arise out of a common judgment and order on sentence, the same have been heard together and disposed of by a common judgment.
2. Present appeals arise out of a judgment dated 20.07.2013 and order on conviction dated 30.08.2013 passed by learned Additional Sessions Judge, Delhi, by which the appellants have been convicted for the offence punishable under Section 120B of the Indian Penal Code, under Section 368 of the Indian Penal Code read with Section 120B of the Indian Penal Code, under Section 344 of the Indian Penal Code read with Section 120B of the Indian Penal Code, under Section 347 of the Indian Penal Code read with Section 120B of the Indian Penal Code and under Section 364A of the Indian Penal Code read with Section 120B of the Indian Penal Code and sentenced them as under:
3. The case of the prosecution as noticed by the learned Trial Court is as under:
Offence under Section
Punishment
Section 120 of the Indian Penal Code
Rigorous imprisonment for five years and to pay fine Rs.1,000/-in default to undergo simple imprisonment for one month.
Section 368 of the Indian Penal Code read with Section 120 of the Indian Penal Code
Rigorous imprisonment for five years and to pay fine Rs.1,000/-in default to undergo simple imprisonment for one month.
Section 344 of the Indian Penal Code read with Section 120 of the Indian Penal Code
Rigorous imprisonment for two years and to pay fine Rs.1,000/-in default to undergo simple imprisonment for one month.
Section 347 of the Indian Penal Code read with Section 120 of the Indian Penal Code
Rigorous imprisonment for two years and to pay fine Rs.1,000/-in default to undergo simple imprisonment for one month.
Section 364A of the Indian Penal Code read with Section 120 of the Indian Penal Code
Life imprisonment for two years and to pay fine Rs.2,000/-in default to undergo simple imprisonment for two months.
All the sentences shall run concurrently
“Factual matrix of the prosecution case is that on 16.09.2007 Mahipal (PW1) visited PS New Ashok Nagar and complained about missing of his brother Ajay (PW5) and neighbour Ravinder Kumar (PW6) since 13.09.2007. He further told that he and relatives of PW6 had been receiving ransom calls. Ins. Arun Kumar (PW16) prepared rukka and got FIR registered under Section 364A IPC. Call detail records (CDRs) of mobile No. 9871276142 belong to victim Ravinder and phone No. 9971427767 belonging to Ajay were analyzed. Number 9997436407 was found as suspect number. On the basis of analysis of CDRs, it was found that victims were somewhere in the area of District Ferozabad, UP. On 01.10.2007, PW16 along with Insp. Ram Kishore (PW15) reached at the office of SSP, Ferozabad and from local intelligence, he came to know that the gang of accused Vinod is involved in such activities. On 04.10.2007, PW16 with other police staffs reached PS-Matsena, District Ferozabad, UP and there he met SO K. K. Mishra (PW19). A strategy was planned for launching combing operation in the area and various teams were constituted. The area was searched next day in the afternoon. PW19 received a secret information that a person named Vinod is standing near Sikera Mata Mandir and is waiting for someone and he has been beholding two persons of Delhi. Team of PW16 reached at Sikera Mata Mandir and on the pointing out of informer, accused Vinod was apprehended. From his possession, one mobile phone belonging to Ravinder (PW6) was recovered. During interrogation, accused Vinod made disclosure statement and led police party to Beehar at a distance of 1½ -2 kilometers from that place. There two victims i.e. Ajay and Ravinder (PW5 and PW6) were found lying on the ground with their fe
