JUDGMENT :

K.N. PHANEENDRA, J.

1. The appellant (Accused No. 1 in the charge-sheet) herein has challenged the judgment of conviction dated 06.08.2015 and order of sentence dated 12.08.2015 passed against him by the 62nd Additional City Civil and Sessions Judge (CCH-63), Bengaluru, in SC No. 680/2012 convicting the accused for the offences punishable under section 364-A 346 323 and 506 IPC and sentencing him to undergo imprisonment for life for the offence punishable under section 364-A of IPC and rigorous imprisonment for six months for the offence punishable under Section 346 r/w. 34 of IPC, and simple imprisonment for three months for the offence punishable under Section 323 r/w. 34 of IPC and also simple imprisonment for one month for the offence punishable under section 506 r/w. 34 of IPC.

2. We have heard the learned counsel for the appellant and also the learned SPP for the respondent-State.

3. We have carefully perused the judgment of the trial Court and also the oral and documentary evidence produced for consideration of the court.

4. Before adverting to the grounds urged by the learned counsel for the appellant/accused, it is just and necessary to have the brief factual matrix of the case.

5. A person by name Ramdas (not examined before the court) lodged a report before Basaveshwaranagar Police Station vide Ex.P2 stating that, his brother-in-law by name Lakkappa @ Ashok Kumar (PW-8), was abducted by some unknown person and he was taken to some unknown places and he received an information from his brother-in-law (PW-8) on 08.02.2010 at about 7.00 a.m. from the Mobile Phone of PW-8 in No. 988007556 to his mobile number; that the said persons, who have abducted or taken away PW-8 Lakkappa @ Ashok Kumar, were demanding a sum of Rs. 5.00 Lakhs for his release etc.; On the basis of the said information, the respondent-Police have registered a case in Crime No. 57/2010 for the offence punishable under section 364-A of IPC and started investigation in the matter.

6. During the course of investigation, the Police found that, Accused No. 2 in the charge sheet by name Santhosh @ Vinod was the person who deceitfully persuaded PW-8, who is an Astrologer, to go over to Madhya Pradesh in order to help-out the friend of Accused No. 2 by name Rajesh and requested PW-8 to advise Rajesh regarding Vastu, as his industry was not running smoothly. The accused No. 2 after persuading PW-8 to that effect taken him to Madhya Pradesh particularly to Gwaliar at Madhya Pradesh and then to the place called Megaon and there, Accused Nos. 1, 3 and 4 have joined their hands with Accused No. 2 and demanded ransom from PW-8 and in that regard, they threatened PW-2 with dire consequences of killing him and also assaulted him and thereby they all demanded of Rs. 50.00 Lakhs from PW-8 and in turn PW-8 telephoned to his brother-in-law Ramdas in order to fetch that money. It is also the case of the prosecution that, the accused persons have decided to reduce the amount from 50.00 Lakhs to Rs. 30.00 Lakhs initially and thereafter to Rs. 20.00 Lakhs and then to Rs. 10.00 Lakhs and finally to Rs. 5.00 Lakhs.

7. On receiving such information, the Police traced the places where actually Accused No. 2 stayed, on the basis of telephonic conversion and with reference to connecting towers of the telephone numbers it was detected that Accused No. 2 had been to Bhind District in Madhya Pradesh and in fact on 14.02.2010 they found PW-8 along with Accused No. 1 and others and they rescued PW-8 from Accused Nos. 1 to 4 and brought him back to Bengaluru.

8. On the basis of the above said materials and factual aspects, the Police after thorough investigation, submitted the charge sheet against Accused Nos. 1 to 4. But, Accused Nos. 2 to 4 were found absconding and the charge sheet has been laid against Accused No. 1 showing Accused Nos. 2 to 4 as absconding.

9. Accused No. 1 was arrested on 14.02.2010 and brought him to Bengaluru and subjected him to investigation in connection wit