- (1.) THE appellant, Devendra Singh Chouhan has preferred D.B. Criminal Appeal No. 1134/2006 and the appellant, Rahul Verma @ Raju has instituted D.B. Criminal Appeal No. 1135/2006. Since, in both the appeals, same judgment of conviction and order of sentence has been assailed, they have been heard together and are being decided by this common judgment.
(2.) ON 5.12.2005, the appellants for ransom, in conspiracy with Manju and Radha had kidnapped Ronit Washan, a child aged four years, son of Harjeet Washan (P.W.14), who was then posted as Manager at Hotel Country Inn, Jaipur.
(3.) IT is the case of the prosecution that the appellants have demanded rupees five lakhs as ransom for release of the child, on the same day when the child was kidnapped. On 5.12.2005, all the appellants were nabbed by Harjeet Washan along with his friends and with the aid of police. The appellants after their arrest, were sent for trial on presentation of report of investigation. The report of investigation along with the accused was committed to the court of Sessions and was entrusted for trial to Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur. Two of the co -accused, Manju and Radha being delinquent juvenile, in conflict with law were sent for trial before the concerned Juvenile Justice Board. The trial Judge vide impugned judgment dated 1.11.2006, held the appellants guilty of offence under Sections 364A, 364A/120 -B, 387, 387/120 -B and vide a separate order of even date, the appellants were sentenced as under: - "U/s 364 -A IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo one year S.I. U/s 364 -A IPC r/w Section 120 -B IPC - to undergo life imprisonment and to pay a fine of Rs. 2,500/ -, in default of payment of fine to further undergo six month S.I. U/s 387 IPC - to undergo three years and six months S.I. and to pay a fine of Rs. 2,000/ -, in default of payment of fine, to further undergo six month S.I. U/s 387 IPC r/w Section 120 -B IPC - to undergo two years S.I. and to pay a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo three month S.I. Suffice it to say that the prosecution in all had examined seventeen witnesses and proved on record 35 documents being Exhibit -P/1 to Exhibit -P/35. After the prosecution closed its evidence, the statement of the accused were recorded under Section 313 Cr.P.C. and all incriminating evidence was put to them. They denied the same and pleaded innocence. The accused got exhibited the statements made by witnesses, namely Bhanwar Singh (P.W.3), Vivek Sharma (P.W.4), Harendra Ahluwalia (P.W.7), Mukesh Agarwal (P.W.8), Om Prakash (P.W.10), Ritu Washan (P.W.13) and Harjeet Washan (P.W.14) recorded by police under Section 161 Cr.P.C. as Exhibit -D/1 to Exhibit -D/8.;