Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kidnapping and murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860: ss.364A, 302134, 1208, 201 -Kidnapping and murder- Prosecution case was that five yearold son of PW-8 was kidnapped for ransom and latermurdered - The victim child was playing with his sister PW-2 in the street when A-5 and A-3 lured him with chocolatesand took him away-After 5-6 days, A-1 and A-4 told PW8that his son would come back if he would pay money-After3 months, PW8 received phone call demanding a ransom -Kidnappers informed PW8 to come with money with hisneighbours A-1 and A-4 - PW8 wrapped the ransom moneyin plastic bag and kept it in gunny bag under the carrier ofhis cycle and accompanied A-1, A-4 and A-2- They reachedthe place as instructed by kidnappers and A-3 and A-5 cameout of a hut and snatched the money from under the carrierof the cycle and informed PW8 that his son would be back byevening - However the boy did not return - Investigatingofficer conducted raid and made arrests - Based onstatement of A-1, currency notes were recovered- Based onstatements of A-3, A-4 and A-5, 10 went to the place wheredead body of victim boy was recovered- Trial court convictedA-1, A-3, A-4 & A-5 for kidnapping and murder and A-2 forkidnapping - High Court acquitted A-2 however upheldconviction of A-1, A-3, A-4, A-5 - On appeals, held: Thetestimony of the PW-2, sole child witness was reliable andconsistent- Evidence of PW-8 corroborated the evidence ofPW-2 - Evidence of PW-8 established that the victim boywas last seen in the company of A-3 and A-5 - Conduct of A-3 and A-5 of pulling money kept in gunny bag from PW-B'scycle showed that they had knowledge about money whichonly indicated prior meeting of minds of accused -Concurrent finding of courts below that A-3 and A-5 were guiltyfor kidnapping and murder not interfered with -As regards,A-1, he was brother-in-Jaw of A-3- His conduct in not showingany reaction to his brother-in-law's act of kidnapping was notin consonance with natural human conduct - This conductof A-1 coupled with the evidence that he has been persuadingPW8 to pay the money to kidnappers to get back his son Jedto the irresistible inference that A-1 shared the commonintention with A-3 and A-5 in kidnapping the child andcommitting murder - Recovery of currency note from thehouse of A-1 was yet another link strengthening his complicityin the commission of offence -As regards A-4, neither anyrecovery was made from him nor any incriminating evidencewas available against him - Case against A-4 not provedbeyond reasonable doubt and his conviction set aside. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 426 |
Petitioner | Ranjeet Kumar Ram@ Ranjeet Kumar Das |
Respondent | State Of Bihar |
SCR | [2015] 7 S.C.R. 36 |
Judgement Date | 2015-05-15 |
Case Number | 1831 |
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