Professional Documents
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SEMESTER:6th CLASS:
B.COM LLB(H)
Acknowledgment
I have made this project with full dedication and zeal. A lot of people helped
me in the completion of this project. I am really thankful to my friends and
peers whose faith in me kept me going. I am also thankful to the authorities
of the library of the department for the access to the invaluable books. Most
of all, I am thankful to my subject teacher, Dr Pushpinder, who has always
been the guiding light and a source of inspiration, for giving me an
opportunity to work on this project.
So, with the concrete efforts and utmost intentions, I hereby present this
project.
-PRANAV PURI
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Index
1 INTRODUCTION 3
3 CHARGES FRAMED 7
4 ARGUMENTS OF THE 9
PARTIES
5 JUDGEMENTS 14
6 CRITICAL APPRAISAL 18
7 LATEST JUDGEMENT 19
8 CRIME RATE 23
STATISTICS
9 BIBLIOGRAPHY 25
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Introduction
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Introduction of the case
2017
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Facts of Case
This case pertains to the abduction of Ajay Shanker Mishra (PW-17), Manoj
Singh (PW-18) and Raju Mishra (PW-20) which the prosecution claims, was
committed for extracting ransom. The written report of Arun Kumar Mishra (the
informant, examined as PW-5 during trial) and subsequent FIR divulge that the
victim PW-17 and the informant (PW-5) were doing the business together,
wherein PW-17 was mainly responsible for collecting money dues from their
cousin PW-20 and the driver PW-18, left Buxar in a White Maruti Gypsy
bearing No. BR 1P 2619, with the purpose of collecting the dues. Having
collected a total of Rs. 4 lakhs from their business associates associates i.e.
Sanjay Jaiswal (PW-1), Rajesh Kumar Jaiswal (PW-2), Sandeep Kumar Jaiswal
(PW-3), Parwez Hassan Ansari (PW-4) and others, they were proceeding to
head back. While they telephonically informed twice, last being at 4:30 PM,
they did not return home and the next day was spent searching for the missing
victims. The records further disclose that around 6 pm on the next day, the said
white Gypsy escorted by a motorcycle and a silver Bolero was seen going
towards Jamauli on the Rampur Jamauli Canal road. Additionally, it was also
recorded that on the same day i.e November 21, 2006, at around 8:45 pm, the
driver PW-18 contacted the informant PW-5 from Sonbarsa informing him that
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seven unknown persons had abducted the victims Ajay Shanker Mishra and
the vehicle with two motorcycles and the driver PW-18 was left at Sonbarsa by
the abductors. It was further mentioned in the FIR that the abductors had
persons, in all, examined 9 witnesses. As per the prosecution story, the victims,
after their kidnapping, were kept in the house of Jawahar Koiry @ Neta Jee (A-
5) at Village Simri and thereafter they were shifted to Village Bhanpur and then
to Ganj Bharsara where they were kept in the house of Birbal Choudhary @
Mukhiya Jee (A-13). From there, they were moved to Village Dilhua, Bhabhni
and Baradih. This movement from village to village where they have kept from
reported by Bharat Sanchar Nigam Limited (BSNL) that all these villages fell
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CHARGES FRAMED
Under this case the court laid down various charges and some of the charges
that were mentioned in the charge sheet were dismissed by the court. So in the
case of Birbal Choudhary @mukhiyaa jee vs state of bihar the court laid down
the following charges and that are as follows :
1) Section 364A
2) Section 34
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3) Section 395
4) Section 412
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Arguments of the parties
Court, 11 persons have approached this Court. Ramdarash Koiry (A-15) has not
challenged the verdict of the High Court. Particulars of the criminal appeals of
As told above there were various criminal appelants made by the convicted
No. 706/2012
(1)Rambriksha Koiry
(4) Saroj Singh 6 Criminal Appeal No. 707/2012 Krishna Bihari Singh 7
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So the arguments are as follows:
Mr. Basant arguing for the appellant Birbal Choudhary (A-13) made his
(ii) Allegations and charge under Section 364A of IPC was utterly baseless.
On the first aspect, Mr. Basant submitted that the allegations pertained to
abduction of three persons who had deposed in the Court as PWs-17, 18 and 20
but none of them had identified A-13 in the Court. Not only this, PW-17 and
PW-20 did not identify him even earlier and did not participate in the TIP. As
far as PW-18 is concerned, though he was taken to TIP on December 11, 2006,
he identified some other person as ‘Mukhiya Jee’. His submission was that
kidnapped persons that when they were detained in captivity, after kidnapping,
Apart from that, there was not even iota of evidence against his client and even
2006 and this piece of evidence could not be used against Birbal Choudhary.
Referring to another TIP which was conducted on December 14, 2006, Mr.
Basant submitted that though in the said TIP, he identified Birbal Choudhary,
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but in the Court he did not identify him. Further, no recoveries were made from
A-13. On the aforesaid basis, his submission was that there was no legal
Another submission of Mr. Basant in this context was that before the two
committed to trial on April 16, 2007 and other two persons from the second
September 15, 2007, six witnesses, namely, PW-1 to PW-6 had already been
examined in the trial pertaining to first chargesheet. After the two chargesheets
of these witnesses when examined again was used against the appellant Birbal
Choudhary as well by the trial court in its judgment which has prejudiced the
Mr. Basant also found fault with the reasoning of the High Court wherein A-13
Basant was that ingredients of this Section could not be established during the
trial in as much as there was no demand for ransom as neither PW-5 nor PW-17
deposed to this effect. For this purpose, he read out the accusations made in the
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FIR which, according to him, did not contain any reference to either ‘Mukhiya
kidnapped persons were kept in the house of A-13, there was no reliable
evidence to this effect inasmuch as no Mahazir of the house was prepared and
no evidence was led to the effect that where the kidnapped persons were kept,
that house belongs to A-13. In this behalf, he also laboured to submit that the
witnesses, particularly, PW-8, PW-18 and PW-19 had given varying versions.
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52) This appeal is filed by Angad Koiry (A-9). Allegation against him is that he
was part of the team which had kidnapped the victims. He was identified in TIP
as well as in Court. These aspects were fairly admitted by the learned counsel.
However, his only contention was that there was no reason to convict him
under Section 364A IPC and his conviction should have been under Section
364 IPC. In this behalf, submission was that after kidnapping, no role is
A-9.
As far as A-1 is concerned, he is also one of those who was a part of team
reproducing the discussion qua him in the impugned judgment of the High
Court, as during arguments, learned counsel appearing for this appellant could
under Section 364A/34 IPC and was acquitted of the charge under Section
412 IPC. His lawyer argued that his name was not mentioned in the first
under Section 368 and 412 IPC and, therefore, his conviction under Section
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Judgement
person may be put to death or hurt, or causes hurt or death to such person in
act or to pay a ransom, shall be punishable with death, or imprisonment for life,
(1) that the accused kidnapped or abducted the person; (2) kept him under
detention after such kidnapping and abduction; and (3) that the
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Insofar as kidnapping is concerned, there is no serious dispute about the
same. We find that the demand for ransom has been duly proved by the
prosecution.
Even the last argument of Mr. Basant lacks merit. It is to be kept in mind
that the Sessions Court had sentenced the appellant for life for conviction
under Sections 364A/34 IPC. High 3 (2008) 13 SCC 767 Court felt it
done not only in the case of the appellant or others who were awarded life
imprisonment by the trial court but even two other convicts who were
given death sentence, their sentence is also reduced to 20 years RI. It is,
therefore, clear that the High Court while modifying the sentence qua the
years RI.
: Insofar as the argument of Mr. Bansal, learned senior counsel for the
rather taken in the interest of the appellant. Appellant was not named in
the first chargesheet and at the time when PW-1 to PW-6 were examined
court did not find any different result so the court dismissed Criminal
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:2 Once we find that role of A-9 in kidnapping the three persons stands
kidnapping was for the ransom which was actually demanded and there
So the rest of the arguments that were made by the advocates of the
So the court followed the same judgement that was given by the high
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APEX Court
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Critical appraisal
After going through to the judgment of the Hon’ble Supreme Court of India in
the present case it can be found out that Hon’ble High Court was totally right in
there judgement.It can be further noticed that supreme court of india took each
and every appeal of the prosecution and worked on it thoroughly.They even
recounducted the procedure in order to check the work done by the trial and the
high court.All the evidences that the prosecution put were taken into the
consideration and the proper judgement was taken place. The supreme court
read the judgement of the high court and agreed on each punishment and the
same judgement was pursued by the supreme court.
All the charges that were framed were accurate and the proper judgement took
place.The only place that the high court should have done was to follow the
procedure during investigation.so according to me this was the fair judgement
given by the supreme court of india.
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Latest judgement
2. The prosecution case, in short, is that the informant Shambhu Prasad Komal
(PW 14), who was a worker of Revolutionary Group of Forward Bloc, along
with his companions was undertaking a padyatra from 22-4-1983 to 27-4-1983
which was led by their leader Balmukund Rahi. In the evening of 25-4-1983
they held a meeting at Guraru and after the same was over PW 14 along with
150 workers went to Village Karma for night halt where they stayed in the
house of one Ramratan Yadav (PW 12) and after taking dinner when some of
them were sitting inside the baithaka and others outside, at about 9-9.15 p.m,
they heard slogans coming from towards south of the village. In the meantime,
nearly 150-200 members of Naxalite group came, surrounded the house of PW
12, amongst whom accused Dara Singh @ Kamdeo Yadav and appellant
Bindeshwar Yadav were carrying guns and pointing towards the prosecution
party saying “be careful and raise your hands” whereupon out of fear some of
the members of the prosecution party went inside the house and closed the door
from within. Thereafter, they heard sounds of bullet-firing and bomb explosion
and the house in which they were hiding themselves was set on fire. When the
members of the prosecution party found that they were exposed to the risk of
being roasted alive as a result of fire, they came out of the house and at that
point of time the accused persons surrounded them and took them to the south-
eastern direction where they were forced to sit. Out of the members of the
prosecution party, Balmukund Rahi, Chandradeo Yadav and Ganesh Yadav
(PW 1) were taken to eastern direction by the appellants Bindeshwar Yadav and
Bhuvneshwar Bind besides accused Dara Singh, Madan Dusadh, Dhudheshwar
Dusadh and Gupta Yadav. Out of them appellants Bindeshwar Yadav and
Bhuvneshwar Bind apart from accused Dara Singh and Dhudheshwar Dusadh
were said to have cut throats of Balmukund Rahi and Chandradeo Yadav with
pasuli whereas PW 1 was inflicted injuries on the head by pharsa but he
managed to escape. Appellants Dana, Rambilas, Doman and Ramchandra along
with eight other named accused persons and several other unknown were
alleged to have surrounded other members of the prosecution party and
assaulted Bal Govind (PW 8), Chandrika (PW 4) and Ramratan Yadav (PW 12)
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who received injuries. Thereafter the accused persons took to their heels.
Motive for the occurrence disclosed was that members of the prosecution party
had undertaken padyatra against terror spread by the Naxalites. Stating the
aforesaid facts, fardbeyan of the informant (PW 14) was recorded by the Sub-
Inspector of Police on the same day at 11 p.m in the village on the basis of
which formal first information report was drawn up against 14 named accused
persons, including the appellants, excepting Deo Nandan, and the police, after
registering the case, took up investigation, during the course of which appellant
Deo Nandan was also made accused in the case and on completion thereof,
submitted charge-sheet, on receipt whereof the learned Magistrate took
cognizance and committed 14 accused persons, including the appellants, to the
Court of Session to face trial
JUDGEMENT
B.N Agrawal, J.— The appellants along with accused Rajendra Yadav and
Madan Dusadh were convicted by the trial court under sections 302/149 of the
penal code and sentenced to undergo imprisonment for life. They were further
convicted under sections 307/149 and 436 of the penal code and sentenced to
undergo rigorous imprisonment for a period of ten years and seven years
respectively. The sentences were, however, directed to run concurrently. The
other five accused were acquitted by the trial court. On appeals being preferred,
convictions and sentences of the appellants have been upheld by the High Court
whereas accused Rajendra Yadav and Madan Dusadh have been acquitted.
2)
MANIK BIND@MANIK SON OF LATE DWARKA BIND VS STATE OF
BIHAR
The brief facts which emerged out of the records of the trial court are that in the
night of 27 April, 1984 at about 2.00 P.M while the informant Etwari Yadav
(P.W.5) was sleeping on the roof of his house in village Shivnandanpur Musahari
under P.S - Sultanganj in the District of Bhagalpur, all of a sudden two miscreants
came there and placed their gun on the chest of the informant. The informant
allegedly identified one Tanki Bind, son of Chhabbu Bind and other one being
Chhotan Bind, son of not known, resident of Belwatandi. The informant alleged
that he could identify them in the light of the torch, the accused asked him not to
raise Hulla but when they went towards the courtyard (Angan) of the house the
informant jumped upon the chappar of his uncle Gholti Yadav. The informant
alleged that from the chappar of Gholti Yadav he could see that in the backside
of his house also five miscreants/criminals were standing. He explained that they
were lashed with lathi, revolver and bhala. He described them saying that they
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were sanwala and youths who were wearing lungi and ganji and were speaking
in Beldari language. The informant claimed that he could identify them in the
light of their torch. He further claimed that he can identify them on seeing. It is
further case of the informant in his fard-e-beyan that he ran towards southern side
of the house and moved from south to east. According to him in the southern as
well as northern side of the house two criminals/miscreants were present who
were identified as Biswanath Bind son of Mannu Bind, Bliash Mandal, son of
Bhuneshwar Mandal, Manki Bind, son of Bhutku @ Dwarika Bind and Mahavir
Bind of village Belwatandi. The informant alleged that the criminals fired a
number of shots, therefore, being afraid of them nobody came from his village
despite the Hulla raised by the informant.
5. It is alleged that in the said firing, one Bechan Yadav who is brother-in-law of
Sumit Yadav got injured. According to the informant the criminals committed
lootpaat in his house for 20 minutes, and therefore they entered in the house of
Janak Yadav and Chhoti Yadav where they committed lootpaat and then fled
towards the western side. It is alleged that while fleeing away the criminals
exploded bombs. He further disclosed that apart from him his mother, father and
other persons have identified the criminals such as Umesh Bind son of
Ramswarup Bind, Basuki Bind brother-in-law of Bhuchunglal Bind, Saudagar
Bind, son of Bhothari Bind of village Shivnandanpur, Vijay Bind son of Jagdish
Bind of Belwatandi was allegedly identified as he was committing the lootpaat
inside the house. According to the informant, there were altogether 15-20
criminals who were speaking Beldari language. The informant also gave detail of
the ornaments and some articles which were looted from his house.
JUDGEMENT
THE judgment dated 9th December, 2003 passed by learned Additional
Sessions Judge, Fast Track Court, Bhagalpur in Sessions Trial No. 427/1986
(State through Etwari Yadav, Informant v. Manik Bind @ Maniki Bind)
whereunder the learned trial court had recorded a finding of guilt against the
accused-appellants under section 395 of the indian penal code and imposed a
sentence of 7 years against these appellants.
Upon consideration of the totality of the facts emerging out from the evidences
brought on the record in course of the trial as also upon considering the effect of
non examination of the Investigating Officer in this case and the fact that no effort
was taken by the prosecution to mark the case diary exhibited and then the
mandatory provision of section 313 cr.p.c has not been followed, I would come
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to a conclusion that the prosecution has failed to prove the case against the
appellants beyond all reasonable doubts. The appellants-accused are entitled to
get the benefit of doubt, and therefore, an acquittal in this case.
In the result, these appeals are allowed and the judgment under appeal is set
aside. The appellants are discharged from their liabilities of their respective bail
bonds.
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CRIME RATE STATISTICS
Comparison of data of cases of kidnapping and dacoit (Section 364A AND 395)
of 5 states for 5 years.
6000
5000
4000 2012
2013
3000
2014
2000
2015
1000 2016
0
HARYANA UTTAR PRADESH HIMACHAL BIHAR RAJASTHAN
PRADESH
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Comparison of data of cases of kidnapping and dacoity, (Section 364a and
395) of 3 states for 3 years.
CHANDIGARH 24 20 14
1200
1000
800
2014
600
2015
2016
400
200
0
HARYANA PUNJAB CHANDIGARH
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Bibliography
https://indiankanoon.org/search/?formInput=302%20ipc+doctype
s:judgments
http://www.livelaw.in/sc-acquits-five-accused-27-yr-old-murder-
case/
https://www.google.co.in/search?q=latest+judgement+on+302+ipc
&oq=latest+judgement+on&aqs=chrome.3.69i57j35i39j0l4.8837j0j
4&sourceid=chrome&ie=UTF-8
http://www.advocatekhoj.com/library/bareacts/indianpenalcode/in
dex.php?Title=Indian%20Penal%20Code,%201860
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