G.S. Sistani, J. - (1.) Since the present appeals arise out of a common judgment and order on sentence, the same have been heard together and disposed of by a common judgment.
(2.) Present appeals arise out of a judgment dated 20.07.2013 and order on conviction dated 30.08.2013 passed by learned Additional Sessions Judge, Delhi, by which the appellants have been convicted for the offence punishable under Sec. 120B of the Indian Penal Code, under Sec. 368 of the Indian Penal Code read with Sec. 120B of the Indian Penal Code, under Sec. 344 of the Indian Penal Code read with Sec. 120B of the Indian Penal Code, under Sec. 347 of the Indian Penal Code read with Sec. 120B of the Indian Penal Code and under Sec. 364A of the Indian Penal Code read with Sec. 120B of the Indian Penal Code and sentenced them as under: JUDGEMENT_284_LAWS(DLH)2_2016.jpg
(3.) The case of the prosecution as noticed by the learned Trial Court is as under: "Factual matrix of the prosecution case is that on 16.09.2007 Mahipal (PW1) visited PS New Ashok Nagar and complained about missing of his brother Ajay (PW5) and neighbour Ravinder Kumar (PW6) since 13.09.2007. He further told that he and relatives of PW6 had been receiving ransom calls. Ins. Arun Kumar (PW16) prepared rukka and got FIR registered under Sec. 364A IPC. Call detail records (CDRs) of mobile No. 9871276142 belong to victim Ravinder and phone No. 9971427767 belonging to Ajay were analyzed. Number 9997436407 was found as suspect number. On the basis of analysis of CDRs, it was found that victims were somewhere in the area of District Ferozabad, UP. On 01.10.2007, PW16 along with Insp. Ram Kishore (PW15) reached at the office of SSP, Ferozabad and from local intelligence, he came to know that the gang of accused Vinod is involved in such activities. On 04.10.2007, PW16 with other police staffs reached PS -Matsena, District Ferozabad, UP and there he met SO K.K. Mishra (PW19). A strategy was planned for launching combing operation in the area and various teams were constituted. The area was searched next day in the afternoon. PW19 received a secret information that a person named Vinod is standing near Sikera Mata Mandir and is waiting for someone and he has been beholding two persons of Delhi. Team of PW16 reached at Sikera Mata Mandir and on the pointing out of informer, accused Vinod was apprehended. From his possession, one mobile phone belonging to Ravinder (PW6) was recovered. During interrogation, accused Vinod made disclosure statement and led police party to Beehar at a distance of 1 1/2 - 2 kilometers from that place. There two victims i.e. Ajay and Ravinder (PW5 and PW6) were found lying on the ground with their feet tied with rope and their eyes were tied with 'angochhas'. Associates of accused Vinod managed to run away. Both the victims were in bad shape as they had lost their weight, wearing dirty clothes and appear not to have shaved for 20 -25 days. Both the victims were brought to Delhi. On 12.12.2007, PW17 received information that accused Prem Chand @ Fauzi has been arrested by the police of PS Makhanpur, District Ferozabad, UP. He sought his production warrant and got him produced in the court on 15.12.2007. Accused Prem Chand was arrested in this case. After investigation police filed first chargesheet against both the accused under Sec. 364A/34 IPC. 2. On 20.04.2009 further investigation of this case was assigned to ASI Rajender Singh (PW18). On 23.04.2009, he moved an application for production warrant accused Ashok, who was in judicial custody. On 27.04.2009, accused Ashok was arrested in this case. Efforts were made to arrest other accused but they could not be arrested and they were got declared as proclaimed offenders (Pos). Police filed supplementary chargesheet against accused Ashok Kumar and other co -accused by showing them as Proclaimed Offenders. Supplementary chargesheet has been filed under Sec. 364A/344/34 IPC.";