- (1.) The petitioners seek a writ of certiorari to strike down Section 364-A of the Indian Penal Code inserted by Act No.42 of 1993 w.e.f. 22nd May, 1993 whereby the offence of 'kidnapping for ransom' has been made punishable with death or imprisonment for life 'retrospectively' w.e.f. 22nd May, 1993 as according to the petitioners it ultra vires Articles 14 & 21 of the Constitution of India. A restrain order against execution of the death warrants issued for 5th October, 2012 with a further direction to "re-open the case of the petitioners" in the light of judgement of this Court in Vinod Kumar v. State of Haryana, 2006 CrLJ 170 is also sought. The petitioners also seek a mandamus for commutation of the death sentence awarded to them into life imprisonment.
(2.) The facts giving rise to this petition can be briefly noticed as the issues raised hereinabove do not per se hinge around the factual gamut.
(3.) The petitioners were found guilty of kidnapping Abhi Verma, 16 years' old minor son of goldsmith Ravi Verma, for a ransom of Rs.50 lacs. The dead body of the minor was got recovered on the basis of a disclosure statement suffered by the second petitioner. All the Courts have concurrently held that father of the deceased was known to petitioner No.1 and his family, and under that acquaintance the kidnapping was committed betraying the trust; the three accused committed offence of murder in a preplanned manner by injecting Chloroform and Fortwin in heavy doses to the victim after tying both his hands and legs and sealing his mouth with a tape to prevent the detection of offence; all the three remained closely associated from the pre-planning till recovery of the dead body of the child; it was not merely a case of murder simpliciter but the accused were guilty under Section 364-A IPC also; that there was no enmity between the petitioners and the family of the victim and cold-blooded murder was committed only to extract a heavy ransom of Rs.50 lacs.;