SMT. V.K. TAHILRAMANT, J.

The appellants/original accused Nos. 1 and 2 have filed this Appeal against the Judgment and order dated 3rd December, 2007 passed by the learned I Adhoc Additional Sessions Judge. Kolhapur in Sessions Case No. 240 of 2001. By the said Judgment and order, the learned Sessions Judge convicted the appellants under Section 364-A read with Section 34 of the Indian Penal Code (IPC). For the said offence, he sentenced each of them to imprisonment for life and to pay fine of Rs.1,000/- each in default to suffer R.I. for one month.

2. The prosecution case briefly stated is as under :-

The complainant PW-1 Sunil was residing at Jadhavwadi, Opposite Market Yard, Kolhapur along with his brother Anil Salokhe, wife of Anil Salokhe and two children of Anil Salokhe, who are a daughter named Nilima and a son Nilesh @ Babalu that is victim boy. At the time of the incident, Nilesh was about 9 years old and he was studying in 3rd Standard in Buds Primary School situated at Rajendranagar, Kolhapur. PW-1 Sunil and his brother Anil had business of plywood by name Salokhe Plywood in a shop situated in Janata Bazar Chowk, Rajarampuri, Kolhapur. Both the brothers used to jointly run the business.

The incident occurred in the afternoon of 3.9.2001. On that day, Anil, father of Nilesh, had gone to their farmhouse at Gaganbavada. Nilesh went to School as usual at 7.30 a.m.

and PW-1 Sunil went to his shop at about 9.00 a.m. At about 12 noon, PW-1 Sunil received a telephone call from one lady. The said lady asked him the full name of Bablu and told him that she was tuition teacher of Bablu and she needed this information in order to get information about his studies from the school. Just two days prior to the incident, Nilesh was sent to a tuition teacher at Jadhavwadi behind their bungalow, hence, the complainant gave the full name of Babalu. After about 15 to 20 minutes, he received another telephone call from one male person. He was talking in Hindi. He asked Anil Salokhe Hai Kya ? The complainant replied in Hindi "Wo Nahin Hai." The persons again asked Anil “Tum Nilesh ke Chacha Ho Kya ?” Anil questioned the said person "Tum Koun Bol Raha Hai ?" The said person stated that "Nilesh Mere Kabjemein Hai. Mereko Pachis Peti Paisa Chahiye". The said person further stated that "If he does not get the money Nilesh will not be alive. (Paise Nahi melega to Nilesh Jinda Nahin Milega.)". Thereafter the complainant went to the School of Nilesh. On reaching, he made enquiry with the Head Mistress PW-23 Mrs. Joshi. Mrs. Joshi told him that Nilesh has been taken away by one person stating that there is a programme at the house of Nilesh. PW-1 Sunil then tried to get information from the students. At that time, one boy by name Ranjit (PW-21) told him that Nilesh was taken on Hero Honda motor cycle of black colour bearing registration No. MH-09-V-5655. Thereafter, PW-1 Sunil went to Rajarampuri Police Station and lodged complaint (Exhibit 47). The complainant received another telephone call instructing him that the money was to be kept near Sanjay Graha Nirman Sanstha, Borpadale Phata on Ratnagiri Road near bulldozer at a place where the work of culvert was going on. He was instructed to keep the money below a stone. Accordingly, the complainant gave the statement to the police.

It is the prosecution case that both the appellants kidnapped Nilesh from his School for ransom and they kept him in the hostel room of PW-18 Dr. Dipali and PW-10 Dr. Manisha. In the meanwhile, the police flashed the wireless message regarding kidnapping of the boy Nilesh. The wireless also stated where the ransom money was to be kept i.e. under a stone near bulldozer where the culvert work was going on at Sanjay Graha Nirman Sanstha, Borpadale Phata on Ratnagiri Road. PW-28 API Patil heard the wireless message. He went to the spot i.e. the place where the culvert work was going on at Sanjay Graha Nirman Sanstha Borpadale Phata on Ratnagiri Road. On reaching there, he