The recovery of kidnapped persons by the police during the investigation, the intention behind the abduction, and the evidence presented by witnesses supported the prosecution's case. The court also emphasized that life sentence is the rule and death sentence is an exception, leading to the modification of the death sentence to life imprisonment.

MADHAVENDRA SARAN, J.

1. The death reference and Criminal Appeals arise out of the same judgment and order dated 5th June, 2007 passed by learned Additional Sessions Judge, FTCV Kaimur at Bhabua in Sessions Trial No. 179/05/117/05 whereby and whereunder both the appellants have been convicted under Section 364-A of the Indian Penal Code (in short as IPC) and capital punishment has been awarded to them.

2. The prosecution case, in short, is that informant Yogendra Singh lodged fardbeyan on 23-11-2004 at 15.00 hours alleging therein that his nephew Amar Kumar Singh and one Ravi Kant Choubey were missing since last night from his chamber (the place where machine was installed for irrigation work) but their daily use articles such as slippers, sweaters and mufflers were lying at the machine itself. He thus suspected that both were kidnapped by some unknown miscreants. On the basis of fardbeyan, the police registered Kudra P.S. case No. 137/ 04 under Section 365, IPC against unknown persons. Later on Section 364-A and 216/ 34, IPC were added. The police took up the investigation and after concluding the same submitted charge-sheet against (1) Ashok Yadav son of Musafir Yadav (ii) Musafir Yadav son of late Ganpat Yadav (iii) Gabbar Mian son of Alam Mian, all residents of village Ratwar, P.S. Bhabua District Kaimur, (iv) Bahadur Ram son of Sheo Nath of village Sondiha P.S. Bhabua District Kaimur and (v) Jagdish Ram son of Barhu Ram of village Natya, P.S. Kupra, District Kaimur.

3. After cognizance the case was committed to the Court of Session for trial. During trial Jagdish Ram, Gabbar Mian and Musafir Ram absconded and therefore, their trial was separated. The two appellants faced the trial and were convicted and sentenced as mentioned above.

4. The defence of the appellants is denial simpliciter and no defence witness has been examined.

5. Thus the sole question now arises for consideration is whether the prosecution has been able to establish its case against the accused appellants beyond all reasonable doubt.

6. Altogether eight witnesses have been examined on behalf of the prosecution and out of them P.W. 2 Munna Rai is a formal witness who simply proved the formal FIR exhibit-2. P.Ws. 3 and 4 are two victims of this case. P.Ws. 6, 7 and 8 are three police officers who participated either in the investigation or recovery of the two victims.

7. P.W. 1, Yogendra Singh, the informant, stated that the occurrence took place in the night of 22-11-2004. His nephew Amar Kumar Singh (P.W. 4) and Ravi Kant Choubey (P.W. 3) had gone to chamber for doing irrigation work but when they did not return in the morning, he went to the chamber and found that their slippers and chadar had been thrown in the chaur. The cot was found thrown in the field. He thus suspected that they have been kidnapped. He gave information to the police about the incident in writing which is exhibit-1. Thereafter he received telephonic call to pay ransom of rupees ten lacs. He informed about the telephonic call to the police and gave his telephone number. According to this witness, the police proceeded on the basis of information furnished by him and conducted raid at the house of Musafir Yadav and Ashok Yadav (appellant) and recovered both the kidnapped persons from their house. He learnt that the two other criminals were also apprehended. He further learnt that the police recovered gun and country made pistol from the place where the raid was conducted. He, however, could not identify the accused persons in Court room.

8. P.W. 3 Ravi Kant Choubey is one of the victims of this case. He stated that on 22-11-2004 he along with Amar Kumar Singh (P.W. 4) had gone to the chamber of P.W. 1 Yogendra Singh for irrigation work. At about 10.00 to 11.00 p.m. some seven-eight persons arrived at the chamber, armed with gun and rifle. They blind folded their eyes and forced them to move on foot. They kept them in a village. He further stated that P.W. 8 Pawan Kumar Singh,