JUDGMENT

V. Ramaswami, J.-The first accused Subamiya Deshmohmed is the appellant in , Criminal Appeal No. 495 of 1979 and the second accused Chandrakant Chimanlal Desai is the appellant in Criminal Appeal No. 327 of 1979. They were charged under Section 302 read with 120B and Section 302 read with 34,- 201134,404 and 507, IPC for having entered, into a criminal conspiracy to kidnap and murder a four years old child by name Tinu and for having committed, in furtherance of a common intention and the conspiracy, the murder of the said child. The motive for the commission of such heinous crime was stated by the prosecution to be the deep craving of the second accused, who was childless, to have a child and the confidence or advice he had received from a Sadhu or a Saint, who had assured him that his desire would fructify, if he offered the tuft of hair of a young boy to Kalka Mata a deity. The prosecution case as brought out in the evidence show that the deceased Tinu is the sone of one Budhi Prasad (P.W 35) and this child was born to him after the birth of six daughters. Budhi Prasad is a Kandoi by profession and runs a shop of sweets and Nimkins at Prantij, a town in Gujarat State. Th