H. L. Gokhale, J. - (1.) Criminal Appeal No.515 of 2000 and Criminal Appeal no.572 of 2000 arise out of the judgment and order dated 29-4-1999 passed by the III Additional Sessions Judge, Thane in Sessions Case No.522 of 1996. Appeal No.515 of 2000 is filed by original accused No.1 and Appeal no.572 of 2000 is filed by original accused Nos.2 and 4. The three appellants are hereinafter referred to as "accused Nos.1,2 and 4" for sake of convenience.
(2.) (i) All these three accused have been convicted under Section 364 read with Section 34 of Indian Penal Code. Section 302 of Indian Penal Code and Section 201 read with Section 34 of Indian Penal Code. For these offences, they have been sentenced to suffer RI for seven years, imprisonment for life and RI for two years respectively. They have also been fined for each of the three offences and have been directed to pay a fine of Rs.5,000/-, Rs.7,000/- and Rs.1,000/- and in default, have been directed to undergo SI for six months, three months and further three months. (ii) Accused Nos.1,2 and 4 (as well as accused No.3) were additionally found guilty under Section 386 read with Section 34 of IPC and were sentenced to suffer RI for five years. They were directed to pay a fine of Rs.2,000/- additionally and in default, they had to suffer SI for three months. (iii) These substantive sentences were to run concurrently. (iv) Accused No.3 was acquitted of offences under Section 364, 302 and 201 read with Section 34 of Indian Penal Code.
(3.) The short facts leading to the filing of both these appeals are as follows :- It is the case of the prosecution that on 9th May 1996, accused No.4 came to the residence of one Mohammed Hasan Immam Shabbir Siddiqui, the complainant (P.W.1) residing on 2nd floor of Shama Apartment, Rashid Compound at Kousa, a crowded locality near Mumbra when P.W.1 was away to his place of work. P.W.1. runs a factory manufacturing caps and on that day he had gone to Pune. His wife Shahajan Mohammed Hasan Siddiqui (P.W.2) and his mother Zubbeda Khatun Mohammed Siddiqui (P.W.5) were then at home. Accused No.4 introduced himself as a person coming from their native village in Bihar. He was received in the house and was given a cup of tea. Subsequently he took the daughter of P.W.1 Nargis and son Shahatab, aged about 9 years for buying chocolates. Nargis returned back after sometime but Shahatab did not. He was kidnapped by accused No.4. Accused Nos.4, 1 and 2 are charged to have taken the child from Mumbra to Kalyan and then to the Haji Malang hill and to have killed him by throwing him down the hill leaving no trace whatsoever except his chappals which were recovered later on. They have, therefore, been charged for kidnapping the minor, murdering him and destroying the evidence. Early morning of the next day onwards, a ransom amount has been demanded from the complainant to the tune of Rs. five lakhs for bringing back the child. This was done by making a telephone call at his residence and later at the factory of the P.W.1. On receiving the complaint, the Police laid the trap and accused No.2 was arrested on 16-5-1996 while making the phone call to the complainant and demanding the ransom. He was accompanied at that time by accused No.3. The lead given by accused No.2 led to the arrest of accused Nos.1 and 4. All the four accused were, therefore, charged for extortion also under Section 386 read with Section 34 of Indian Penal Code.;