MRS. MRIDULA BHATKAR, J. :– These two Appeals are directed against the judgment dated 14th November, 2009 passed by Additional Sessions Judge, Kalyan thereby convicting the appellants/original accused nos. 1 and 3 and other original accused nos. 2 and 4 for the offences punishable under section 364A read with section 34 of IPC sentencing them to suffer imprisonment for life and to pay a fine of Rs. 1,000/- each, in default, to suffer R. I. for six months.

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

A boy named Chirag Narayandas Keshwani, aged 3 years was kidnapped on 5th December, 2005 at Ulhasnagar. On that date, Chirag was playing outside the house at around 8 to 8.30 p.m. and thereafter he was missing. Despite the search by the family members for the whole night, Chirag could not be traced out. On the next date, i.e. 6th December, 2005, Kishor Daulatram Keshwani, uncle of Chirag, lodged a missing report of Chirag (Exhibit 23) at Ulhasnagar Police Station. A photograph of Chirag was given to the police. As a part of an investigation, a caller ID was fixed to the telephone instrument of Narayandas Keshwani. On 6th December, 2005, Narayan Daulatram Keshwani, fath