B.R. Gavai, J.

1. Both these appeals take exception to the judgment and Order passed by the learned Additional Sessions Judge for Greater Mumbai at Sewree in Sessions Case No.85 of 2009, thereby convicting the Appellants for the offence punishable under section 302 read with section 34 of the Indian Penal Code and sentenced to suffer life imprisonment each and to pay fine of Rs 2000/each and in default thereof to suffer rigorous imprisonment for two months.

The Appellants have also been convicted for the offence punishable under Section 364(A) read with Section 34 of the Indian Penal Code and sentencing them to suffer life imprisonment and to pay fine of Rs 2000/each and in default thereof to suffer rigorous imprisonment for two months.

The Appellants have been further convicted for the offence punishable under Section 384 read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years each and to pay fine of Rs 500/each and in default thereof to suffer rigorous imprisonment for 15 days and they have been also convicted under Section 201 read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years each and to pay fine of Rs 500/each and, in default, to suffer rigorous imprisonment for 15 days.

2. The prosecution story, as could be gathered from the material placed on record, is thus :

3. Deceased P. Ratanrao was a son of the first informant P.W. 1 – Rajan Krishnarao. It is the prosecution case that, on 12th October, 2008, at around 9.15 a.m., deceased had left the house for going on picnic to Vasai along with his friends. He was carrying his Mobile No.9819532335 of Sony Ericsson Company which was standing in the name of his father – Rajan Krishnarao. At around 2.00 P.M., on the same day, deceased made a phone call to his father, informing him that, he would come back by 6.00 P.M but he did not come back. P.W.1 – Rajan Krishnarao tried to contact his son on his mobile but every time his mobile was found switched off. P.W. 1 therefore went to MIDC Police Station on 13th October, 2018 at around 1.30 A.M. and lodged a missing report before P.W. 15 – PSI Babasaheb Gosavi. P.W. 15 PSI Babasaheb Gosavi recorded the missing report below Exhibit-20, by affixing photograph of deceased P. Ratanrao on the missing report. He also sent one photograph to Crime Branch, Mumbai. At around 11.30 A.M., P.W.1 Rajan suddenly got a call on his mobile number from the mobile number of his son. The person who had called, told him that his son was in his custody and demanded Rs 10 lakhs for releasing his son. He also told him that, he would give further instructions at 10.00 P.M. in the night. After 510 minutes, he again received second call from the same person, threatening him that, if he disclosed this information to police, he would kill his son. P.W. 1 – Rajan Krishnarao requested that person to permit him to talk with his son and give mobile phone to his son. However, he did not give mobile phone to his son and abused him and disconnected the mobile phone. When he tried to phone on the mobile of his son, it was switched off. Thereafter, at about 8.00 P.M., P.W. 1 – Rajan Krishnarao again received phone call from the kidnapper from mobile phone of his son, asking P.W.1 to come to Andheri Railway Station on Platform No.6 at 10.00 A.M on 14th October, 2008 alongwith money and without police. P.W. 1 therefore gave this information to the Police Station. PSI Gosavi recorded the FIR below Exhibit-18 for the offence punishable under Section 364A of the Indian Penal Code vide Crime No.648 of 2008.

4. On the next day i.e. on 14th October 2008, at about 10.00 A.M., P.W. 1 along with the Officers from Crime Branch and MIDC Police Stations went to Andheri Railway Station at around 10.30 A.M. At that time, P.W. 1 Rajan received another call from the same person from mobile of his son, asking him to come to Dadar Railway Station by train. After reaching there, he was dir