G.P.MITTAL, J.

(1) These two Appeals preferred by the Appellants Jaipal and Rajender arise out of a judgment dated 22.07.1997 and order on sentence dated 23.07.1997 passed by the learned Additional Sessions Judge (ASJ) in Session Case No.86/1996 whereby the Appellants were held guilty and convicted for the offence punishable under Section 302,201 and 384 IPC read with Section 34 IPC. The Appellants were sentenced to undergo rigorous imprisonment (RI) for life and to pay a fine of ' 1000/- each and in default of payment of fine to undergo RI for one month each for the offence punishable under Section 302/34 IPC. The Appellants were sentenced to undergo RI for 5 years each and to pay fine of ' 500/- each and in default of payment of fine to further undergo RI for 15 days for the offence punishable under Section 201/34 IPC. The Appellants were further sentenced to undergo RI for 2 years and to pay a fine of ' 250/- each and in default of payment of fine to further undergo RI for 15 days each for the offence punishable under Section 384/34 IPC. The sentences were to run concurrently. By this very judgment co-accused Om Prakash was acquitted giving him benefit of doubt.

(2) Feeling aggrieved, the Appellants have challenged the judgment and order of conviction and sentence. The Appellant Rajender was complainant Tota Ram's brother-in-law; The Appellant Jai Pal was his friend. The co-accused Om Prakash (already acquitted) was also Tota Ram's brother-in-law. The Appellant Rajender took Rajesh (son of Tota Ram the complainant) for a ride on his bicycle. Rajesh did not return home till 9:00 P.M. Worried by this, the complainant went to Rajender to inquire about Rajesh. Rajender informed Tota Ram that he had left Rajesh at Khadewali Masjid, Gautam Vihar after handing him a one rupee note.

(3) On the same day at about 11:00 p.m. Rajender reached Tota Ram's house and handed over a two pages letter (the ransom note Ex.PW-12/A). Rajender informed Tota Ram that a man on a bicycle dropped the letter on his cot asking him to deliver it to him (Tota Ram). Tota Ram went through the contents of the letter, which contained a demand of a ransom of ' 70,000/- for Rajesh's return. Tota Ram inquired about the description of the person who delivered the said letter. Rajender could not give the description, citing darkness as the reason.

(4) On hearing this, Tota Ram was frightened. Being a washer man by profession he could not arrange for the money. He informed others about the letter. He suspected Rajender as the kidnapper of his son. He went to the Police Station Bhajanpura, handed over the ransom letter and made a statement Ex.PW-3/A to SI Jai Kishan (first IO). SI Jai Kishan made his endorsement, for registration of the FIR. SI Jai Kishan made search for Rajesh on 01.06.1990 but he could not be traced. On 02.06.1990 Om Prakash is alleged to have made an extra judicial confession to one Abid Ali about the kidnapping of Rajesh for ransom by Rajender in collusion with Om Prakash and Jaipal. Abid Ali (PW-1) went to Police Post Gamri Extension and informed SI Jai Kishan about the same. SI Jai Kishan recorded his statement. He (the SI) along with other Police Officials went to village Behta, Loni, Ghaziabad. After interrogation, the Appellant Rajender was arrested. He made a disclosure statement Ex. PW-1/G. The Appellant Jai Pal also reached Rajender's house; he too was arrested. He (Jai Pal) made a disclosure statement Ex. PW-11/D stating that he could get Rajesh's dead body recovered from the sugarcane fields in village Khanpur Ghari. SI Jai Kishan left for village Khanpur Gari and reached PS Jhinjhana at about 11:30 P.M. and met SO Brijesh Kumar. He took HC Omkar Singh and Constable Jaibir from PS Jhinjhana and left for village Khanpur Ghari at about 12:00 midnight. The Appellant Jai Pal led them to the sugarcane fields where the dead body of Rajesh was lying, covered with sugarcane leaves. The dead body was identified by Tota Ram and was seized