Delve into a detailed analysis of criminal conspiracy as examined by the court in a recent kidnapping case. Understanding the legal principles and criteria for proving such allegations is crucial in upholding justice and ensuring fair trials.
Facts
- Upendra Kumar Singh’s appeal has abated due to his expiration.
- Pradeep Kumar Shrivastava’s conviction was upheld and his appeal was dismissed on October 22, 2010.
- Desh Deepak Kumar Vihangam, Bimlesh Kumar Singh, Madan Prasad Thathera, Kanhaiya Lal, Ramjee Prajapati, and Abhay Kumar were convicted under Sections 364A and 120B of the Indian Penal Code, 1860.
- The 6 convicts were sentenced to Life Imprisonment.
- Desh Deepak Kumar Vihangam was fined Rs. 7,00,000, while the other convicts were fined Rs. 1,00,000 each.
- The High Court acquitted Santosh, and the State did not appeal against this acquittal.
- Inspector K.K. Singh (PW-4) and I.O. Yogesh Chandra (PW-8) received information about the location of Dr. Shashi Kumar Sinha (PW-3) and Salauddin (PW-5) who were kidnapped for ransom.
- Deepak Kumar made a disclosure statement leading the police team to Village Bar in District Aurangabad, Bihar where the victims were rescued from the house of Upendra Kumar Sinha.
- Dr. Shashi Kumar Sinha (PW-3) and Salauddin (PW-5) identified the kidnappers Bimlesh Kumar, Madan Prasad Thathera, Pradeep Kumar, and Upendra Kumar in court.
- Rs. 6,00,000/- were recovered from Deepak Kumar’s premises in Patna based on his disclosure statement.
- Dr. Amitabh Sinha (PW-1) was instrumental in tracking down the culprits and apprehending them, aiding in the rescue of the victims.
- Dr. Amitabh Sinha (PW-1) paid a ransom of Rs. 12,00,000/- to Deepak Kumar at Ranchi on 24 February 2006, leading to the arrest of Deepak Kumar and Kanhaiya Lal in Patna on 10 March 2006.
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Analysis
- The prosecution does not allege Kanhaiya Lal’s involvement in the kidnapping incident.
- Dr. Amitabh Sinha (PW-1) did not witness Kanhaiya Lal and Deepak Kumar being apprehended near Patna Medical College.
- Kanhaiya Lal stated he picked up Deepak Kumar as called to take him to Patna Medical College.
- No evidence of Kanhaiya Lal’s involvement in the kidnapping conspiracy was found.
- Ramjee Prajapati and Abhay Kumar were not connected to the kidnappers before the incident.
- Inspector K.K. Singh and I.O. Yogesh Chandra expressed doubts about Kanhaiya Lal’s involvement in the crime.
- No clear evidence implicating Kanhaiya Lal in the kidnapping scheme.
- Benefit of doubt given to Kanhaiya Lal based on the doubts expressed by the investigators.
- No prior knowledge or communication with the kidnappers was established for Kanhaiya Lal.
- Involvement in a criminal conspiracy cannot be assumed based on mere suspicion without concrete evidence.
- To prove criminal conspiracy, there must be evidence direct or circumstantial of an agreement between two or more persons to commit an offence.
- The prosecution must show a meeting of minds resulting in a decision by the conspirators regarding the commission of an offence.
- The prosecution has to prove the case against the accused beyond reasonable doubt.
- The elements of criminal conspiracy include an object to be accomplished, a plan or scheme, an agreement between accused persons, and, in jurisdictions where required, an overt act.
- Criminal conspiracy is complete when the unlawful combination is formed.
- Direct independent evidence of criminal conspiracy is generally not available; its existence is inferred from means adopted and illegal acts done in furtherance of the conspiracy.
- Circumstances relied upon for inferring a conspiracy should precede the actual commission of the offence.
- The ingredients of criminal conspiracy involve an agreement to do an illegal act or to do an act, by illegal means, which may not be illegal on its own.
- The family of Dr. Shashi Kumar Sinha received ransom calls even after the arrest of Ramjee Prajapati and Abhay Kumar.
- Deepak Kumar’s arrest led to the location where Dr. Shashi Kumar Sinha was kept after the abduction.
- Police did not link Ramjee Prajapati and Abhay Kumar to the ‘other’ kidnappers, leading to a benefit of doubt for them.
Also Read: Conviction Upheld for Murder and Concealment of Body
Decision
- All pending applications disposed of
- Bail bonds of Kanhaiya Lal, Ramjee Prajapati, and Abhay Kumar cancelled
- Convictions under Section 364A and 120B of the Penal Code set aside for Kanhaiya Lal, Ramjee Prajapati, and Abhay Kumar
- Deepak Kumar to surrender within 10 days to serve life imprisonment and pay fine of Rs. 7,00,000
- Dismissal of appeals and affirmation of convictions for Desh Deepak Kumar Vihangam, Bimlesh Kumar Singh, and Madan Prasad Thathera
- Police to detain and arrest Deepak Kumar if he does not surrender
Also Read: 1991 Decree Invalid: No Determination of Rights in Property Dispute
Case Title: DESH DEEPAK KUMAR VIHANGAM@ DEEPAK KUMAR Vs. THE STATE OF BIHAR (2022 INSC 278)
Case Number: Crl.A. No.-000673-000673 / 2011
