Sunita Gupta, J.

1. Tried on charges under Sections 302, 364-A, 365, 201 IPC read with Section 34 IPC in Sessions Case No.64/08 arising out of FIR No.594/04 under Section 365 IPC, PS Najafgarh, the appellants stand convicted by a judgment dated 28.07.2009 of Additional Sessions Judge, Delhi and sentenced on 31.07.2009 to:-

(i) Imprisonment for life and fine of Rs.15,000/- each in default of payment of fine, one year rigorous imprisonment under Sections 302/34 IPC, fine if realised, be given to the mother of the deceased.

(ii) Sentenced for life and fine of Rs.15,000/- each, in default of payment of fine one year imprisonment, fine if realised, be given to sister of the deceased under Section 364-A IPC.

(iii) Seven years rigorous imprisonment and fine of Rs.5,000/- each, in default of payment of fine, six months rigorous imprisonment under Sections 201/34 IPC, fine if realised, be given to the mother of the deceased.

2. All the sentences of imprisonment are to run concurrently.

3. The appellants are in appeal against the aforesaid judgment of conviction and order of sentence passed by learned Additional Sessions Judge, Delhi.

4. The appellants faced trial on the allegation that they abducted Pawan Kumar aged about 19 years and tried to extort Rs.1 lakh from his father by making a phone call for his safe release and committed his murder. Facts of the case reveal that on 13.10.2004, Pawan went along with accused Ashok at about 10.30 a.m. for going to the office of BDO, however, he did not return. His parents made an unsuccessful search for him. On 14.10.2004, Shri Jaglal Prashad, father of the deceased, made a call regarding missing of his son, which was received by Constable Ram Swroop (PW 17) at about 13:43 p.m. He entered the message in the PCR form Ex.PW17/A and sent the same to South-West District Control Room. On receipt of message, ASI Rani Devi (PW 13) recorded DD No.21, Ex.PW13/A and sent to ASI Vijay Pal. ASI Vijay Pal Singh (PW 28) sent wireless message on receipt of this DD No.21, Ex.PW 13/A. On 15.10.2004, Anu Kumari (PW3), sister of the deceased received a telephone call from an unknown person that Pawan Kumar is with them and this information should not be leaked to anyone and that the caller will make call again. Anu Kumari informed her father Jaglal Prasad about the telephone call. Thereupon, Jaglal Prasad went to Police Station Najafgarh. ASI Vijay Pal Singh (PW28) recorded his statement Ex.PW28/A and made his endorsement Ex.PW28/B, prepared rukka and handed over to duty officer for registration of FIR. Head Constable Munni (PW10) recorded FIR Ex.PW 10/A and handed over copy of the same and original rukka to ASI Vijay Pal Singh for further investigation. On 07.11.2004, the investigation of this case was assigned to SI Amar Pal Singh (PW 25).

5. On 20.11.2004, Jaglal Prasad, father of the deceased, received a telephone call from accused Ashok demanding a sum of Rs.1 lac for release of his son Pawan. Thereupon Jaglal Prasad went to Police Station Najafgarh and informed SI Amar Pal Singh regarding receipt of telephone call from accused Ashok on his phone No.25323586 stating that his son has been abducted by him and his associate. He was directed by Ashok to reach at PCO booth near Sai Baba Mandir between 12:00 noon to 1:00 p.m. and that in case he informs the police they would kill his son. Complainant was produced before Inspector H.S.Meena, who directed SI Amar Pal Singh to organise a raiding party and to prepare dummy bundles of currency notes. SI Amar Pal Singh prepared 10 wads of papers and wrapped the same in a newspaper. The same were put in a bag of Maroon colour and handed over to the complainant directing him to reach at the given spot. Raiding party comprising of SI Amar Pal Singh, ASI Vijay Pal Singh, ASI Chandu Lal, SI S.S.Yadav, Head Constable Iswar Singh, Constable Mahabir Singh and other staff was organised. They all reached near Sai Baba Mandir. At about 12.10 p.m., both the accused came