DESH DEEPAK KUMAR VIHANGAM@ DEEPAK KUMAR versus THE STATE OF BIHAR

DESH DEEPAK KUMAR VIHANGAM@ DEEPAK KUMAR versus THE STATE OF BIHAR

Convictions of Desh Deepak Kumar Vihangam @ Deepak Kumar, Bimlesh Kumar Singh and Madan Prasad Thathera under Sections 364A and 120B IPC are affirmed on the basis of victim identification, Deepak Kumar’s disclosure leading to recovery of ransom and to the location where the victims were kept and rescued. Convictions of Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar are set aside because the prosecution did not establish an agreement or meeting of minds required for conspiracy beyond reasonable doubt; police witnesses themselves expressed doubts about Kanhaiya Lal’s involvement and evidence against Ramjee and Abhay was circumstantial and compatible with innocence, entitling them to benefit...

Parties
Appellant: Desh Deepak Kumar Vihangam @ Deepak Kumar; Appellant: Bimlesh Kumar Singh; Appellant: Madan Prasad Thathera; Appellant: Kanhaiya Lal; Appellant: Ramjee Prajapati; Appellant: Abhay Kumar @ Pappu; Respondent: The State of Bihar
Jurisdiction
India
Judgment Date
08 March 2022
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Criminal Appeal
Outcome
Appeals dismissed in part and allowed in part: convictions and sentences of Desh Deepak Kumar Vihangam @ Deepak Kumar, Bimlesh Kumar Singh and Madan Prasad Thathera affirmed; convictions of Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar @ Pappu set aside.
Legal Topics
Kidnapping for Ransom, Abduction, Criminal Conspiracy, Conviction and Sentencing, Benefit of Doubt, Identification Evidence, Disclosure and Recovery
Criminal Law Penal Code, 1860 Kidnapping for Ransom Abduction Criminal Conspiracy Conviction and Sentencing Benefit of Doubt Identification Evidence +1 more

Case Brief

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Parties

Desh Deepak Kumar Vihangam @ Deepak Kumar

Appellant

Bimlesh Kumar Singh

Appellant

Madan Prasad Thathera

Appellant

Kanhaiya Lal

Appellant

Ramjee Prajapati

Appellant

Abhay Kumar @ Pappu

Appellant

The State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Criminal Appeal

Legal Issues

  1. 1 Whether convictions under Sections 364A and 120B IPC were justified by the evidence
  2. 2 Whether appellants Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar were parties to a criminal conspiracy under Section 120B IPC
  3. 3 Standard of proof required to establish criminal conspiracy and when benefit of doubt must be given

Ratio Decidendi

Convictions of Desh Deepak Kumar Vihangam @ Deepak Kumar, Bimlesh Kumar Singh and Madan Prasad Thathera under Sections 364A and 120B IPC are affirmed on the basis of victim identification, Deepak Kumar’s disclosure leading to recovery of ransom and to the location where the victims were kept and rescued. Convictions of Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar are set aside because the prosecution did not establish an agreement or meeting of minds required for conspiracy beyond reasonable doubt; police witnesses themselves expressed doubts about Kanhaiya Lal’s involvement and evidence against Ramjee and Abhay was circumstantial and compatible with innocence, entitling them to benefit...

Court Disposition

Appeals dismissed in part and allowed in part: convictions and sentences of Desh Deepak Kumar Vihangam @ Deepak Kumar, Bimlesh Kumar Singh and Madan Prasad Thathera affirmed; convictions of Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar @ Pappu set aside.

Orders

  • Convictions under Sections 364A and 120B IPC of Desh Deepak Kumar Vihangam @ Deepak Kumar, Bimlesh Kumar Singh and Madan Prasad Thathera are affirmed and sentences of imprisonment for life upheld
  • Convictions under Sections 364A and 120B IPC of Kanhaiya Lal, Ramjee Prajapati and Abhay Kumar @ Pappu are set aside