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Sunday, April 11, 2010

Kidnapping for ransom and murder--All three accused-appellant committed offence of murder in a pre-planned manner by using scientific methods--Soon after kidnapping, deceased was reduced to a corpus with the help of chemicals and he was done to death in inhuman, diabolical and dastardly manner--Sentence converted from death sentence to life imprisonment.

2010(1) LAW HERALD (P&H) (SC) 561
IN THE SUPREME COURT OF INDIA
Before
The Hon’ble Mr. Justice Harjit Singh Bedi
The Hon’ble Mr. Justice J.M. Panchal
Criminal Appeal Nos. 1396-1397 of 2008
Vikram Singh
v.
State of Punjab
{Decided on 25/01/2010}
For the Appearing Parties : Mr. Amarendra Sharan, Mr. Jaspal Singh, Sr. Advocates, Mr. Rishi Malhotra, Mr. Prem Malhotra, Mr. A.K. Singh, Mr. Amit Anand Tiwari, Mr. Sanchit Guru, Mr. Shubham Bhalla, Mr. Vipin Gogia, Ms. Jaspreet Gogia, Mr. Kuldip Singh, Advocates.
IMPORTANT POINT
Kidnapping for ransom and murder--All three accused-appellant committed offence of murder in a pre-planned manner by using scientific methods--Soon after kidnapping, deceased was reduced to a corpus with the help of chemicals and he was done to death in inhuman, diabolical and dastardly manner--Sentence converted from death sentence to life imprisonment.
(A) Indian Penal Code, 1860, S. 302, 364-A, 120-B and 201--Murder--Kidnapping for ransom and murder--Death sentence--Deceased was the only son on his parents and incident of his kidnapping had sent a shock wave throughout the town -Not a case of murder simpliciter but the accused persons have also been held guilty under Section 364-A IPC which was brought in statute book in order to curb the menace of kidnapping for ransom and even independent of penal provisions of Section 302 IPC--No iota of evidence to show enmity between parties, therefore, this is a case of cold blooded murder committed only in order to extract a heavy ransom of Rs.50,00,000/- which is evident from evidence of (PW27) father of the deceased that every time, while calling on phones, the kidnapper gave him threats that if he wanted his son to be alive, he should immediately arrange for ransom amount of Rs.50,00,000/-. It appears as the police became active, the accused could not extract the ransom and out of panic, poisoned the boy to death by administering heavy dozes of chloroform and fortwin--No interference to the conviction/sentence orders of the trial Court against the A-1 and A-2--Sentence of A3 converted from death sentence to life imprisonment. (P. 25)
On facts :
Murder--Kidnapping for ransom and murder--Death sentence--A case that involves kidnapping of a school going innocent boy for ransom--Accused had raised a demand of Rs.50,00,000/- from father of the deceased boy who was an established jeweller- All three accused-appellant committed offence of murder in a pre-planned manner by using scientific methods--Murder of the deceased was committed by administering chloroform and fortwin injections in heavy dozes after tying his both hands and legs and putting a tape on his mouth--Soon after kidnapping, deceased was reduced to a corpus with the help of chemicals and he was done to death in inhuman, diabolical and dastardly manner- Deceased was the only son on his parents and incident of his kidnapping had sent a shock wave throughout the town --Not a case of murder simplicitor but the accused persons have also been held guilty under Section 364-A IPC which was brought in statute book in order to curb the menace of kidnapping for ransom--Sessions Court convicted and sentenced all the accused to death for kidnapping a young child and subsequently been done to death--High Court confirmed the death sentence of the accused/appellants--Appeal--Presence of PW-13 and PW-19 found natural at the places they professed to be, thus, cannot be dubbed as chance witnesses--Medical Board opined that the cause of death was chloroform and pentazocine poisoning--Recoveries showed that almost the entire bottle of Chloroform (500 ml.) and all five Fortwin injections been used by the kidnappers and that this lethal combination of Chloroform and an over dose of pentazocine was the cause of death--Wife of A-2 attempted to destroy the evidence relating to the kidnapping when she had been apprehended--No interference to the conviction/sentence orders of the trial Court against the A-1 and A-2--Sentence of A3 converted from death sentence to life imprisonment-- Appeal dismissed. (Para 25 to 30)
(B) Indian Penal Code, 1860, S. 364-A, 302, 120-B, 201--Murder--Kidnapping for ransom--Death sentence--Parliament in dealing with kidnapping for ransom a crime which called for a deterrent punishment, even in a case where the kidnapping had not resulted in the death of the victim--The statistics further reveal that kidnapping for ransom has become a lucrative and thriving industry all over the country which must be dealt with, in the harshest possible manner and an obligation rests on Courts as well--Courts to lend a helping hand in that direction--Not only was victim kidnapped for ransom which acts which would by itself attract the death penalty but he was murdered in the process--Death sentence could be awarded even in a case of kidnapping and murder based on circumstantial evidence. (Para 26)