Judgment :

T.S. Thakur, J.

These appeals arise out a common judgment and order dated 21st January, 2009 passed by the High Court of Gujarat at Ahmedabad whereby Criminal Appeal No.244 of 2000 filed by Gautam Kumar @ Sudhir Kumar Manilal and Criminal Appeal No.99 of 2000 filed by Vijay Ranglal Chorasiya against their conviction and sentence of imprisonment for life have been dismissed while Acquittal Appeal No.1326 of 2006 filed by the State against the acquittal of Gautam Kumar Devijibhai (appellant in Criminal Appeal No.1125 of 2009) has been allowed and the said appellant convicted for offences punishable under Sections 364A read with Section 120B IPC and sentenced to undergo imprisonment for life. Conviction and sentences awarded to the appellants Gautam Ramanuj @ Sudhir Kumar Manilal and Vijay Ranglal Chorasiya under Section 364 read with Section 120(B), Sections 341, 342, 343 and 346 read with Section 34 IPC have also been upheld by the High Court with the direction that the sentences shall run concurrently.

2. Manish, examined at the trial as PW13 in Sessions Case No.99 of 1998, was on 15th July, 1997 returning home from his office around 7.30 p.m. in his Maruti car bearing registration No.GJ-1-16A-9992. At the railway bridge near ONGC office, Ankleshwar, a Cielo car overtook and stopped him. Three occupants travelling in the Cielo car came out and assaulted Manish on the pretext that he had ignored their signal while driving over the bridge. He was pushed into the Cielo car and driven away from the spot.

3. At around 8.20 p.m. Manish was asked to make a phone call at his residence which was answered by Maltiben, his mother. Manish simply told her that he will not come home for dinner. Manish was forced to make another phone call at 10 minutes past 10 in the evening in which he was asked by his captors to tell his father Bhupendra Prabhulal Shah (PW3) that he had been abducted. This call was followed by another call made at 10.30 p.m. in which the abductors demanded a ransom of rupees one crore for the safe release of Manish, their catch. Bhupendra Prabhulal Shah (PW3) pleaded that he did not have the amount demanded by the abductors, but the latter declined to scale down their demand.

4. On the following day i.e. 16th July, 1997 three more calls were received from the abductors at the residence of Bhupendra Prabhulal Shah (PW3) for payment of the ransom amount demanded by them. The abductors during these calls are alleged to have brought down the ransom demand from one crore to rupees fifty lakhs only. Bhupendra Prabhulal Shah (PW3) had, in the meantime, informed his brothers Mahendrabhai Prabhulal Shah (PW11) and Pravinchandra Prabhulal Shah (PW12) about the abduction and the demand of ransom made by the abductors. Information about the incident was also passed on to Mr. Ashish Bhatia (PW34), the then District Superintendent of Police. Based on the information, the police appears to have made what is described as a “Janva jog” entry marked Exh.174 about the incident on 16th July, 1997 at GIDC, Ankleshwar. The police swung into action and installed a tape recording machine at the victim’s residence for surveillance on 16th July, 1997 itself. This was followed by station entry No.42/97 about the incident made on 17th July, 1997 and a formal FIR registered on 18th July, 1997 at 22.30 hrs. on the basis of a formal complaint made by Bhupendra Prabhulal Shah (PW3) father of the victim.

5. Several calls, according to the prosecution, were made at the residence of the victim on 17th July, 1997 asking the father of the victim to come to Ahmedabad Narol Cross Road, with the ransom amount and reach Koba Patiya through Indira Bridge where someone was supposed to give a signal to PW3 by raising a paper in the hand. Bhupendra Prabhulal Shah (PW3) father of the victim followed the instructions given to him and accordingly reached Koba Circle Cross Road at 9.00 p.m. but found no one raising the paper in his hand even when he waited for