Joymalya Bagchi, J. - (1.) With consent of the parties the appeal is taken up for hearing without the preparation of paper books.
(2.) The appeal is directed against the judgment and order dated 29.6.2015 passed by the Additional Sessions Judge, 1st Court, Barasat, North 24- Parganas in Sessions Trial no. 1 (7) 2010 [Sessions Case No.12(5)2010] convicting the appellants and one Amit Das for commission of offence punishable under Sections 364A/411/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.10,000/- each, in default to suffer simple imprisonment for 5 years for the offence punishable under Section 364A/34 of the Indian Penal Code and to suffer simple imprisonment for two years and to pay a fine of Rs.3,000/- each; in default to suffer simple imprisonment for one year for the offence publishable under Sections 411/34 of the Indian Penal Code, both the sentences to run concurrently.
(3.) Prosecution case, as alleged against the appellants is to the effect that on 26th February, 2010 at 1:45 p.m. the victim went to his office at Unitech High Tech Structure Ltd., Block DH, New Town, Kolkata 700 156. The victim was at work for the whole day and left the office at around 7:30 p.m. along with his colleague Sourav Baidya, who dropped him at New Town opposite DLF building from where he boarded a yellow taxi. At around 9:30 p.m., Samiran Das, father of the victim, received a call from his son's mobile phone no.9903266089 and upon answering the call, he was informed by a person, speaking in Hindi language, that his son had been kidnapped and a ransom of Rs.20 lakh is to be paid for his release. His son also confirmed over telephone such fact. The abductors again made similar call at around 10:30 p.m. and told Samiran to make arrangement for ransom money immediately. Samiran rushed to the local police station i.e., Kasba Police Station but the police officers asked him to go to the jurisdictional police station i.e., New Town Police Station to register an FIR. Accordingly, on the next day Samiran went to New Town Police Station and lodged FIR at the said police station under Section 364A of the Indian Penal Code against unknown persons. On the next day, Samiran Das (P.W.1) and Debasree Das (P.W.2), wife of the victim, again received phone call demanding ransom. Upon negotiations, the abductors were agreeable to receive Rs.2 lakh and they asked Debasree to bring the money at Madhyamgram. Debasree (P.W.2) went to Madhyamgram with the ransom money whereupon she was directed to come to Belgharia Highway at 65 No.;