J.B. Pardiwala, J.

As the captioned criminal confirmation case as well as the two criminal appeals arise from a selfsame judgment and order of conviction and sentence passed by the 2nd Additional Sessions Judge, Mehsana at Visnagar dated 17th March 2016 in the Sessions Case No.33 of 2012, those were heard analogously and are being disposed of by this common judgment and order.

2. The Criminal Appeal No.634 of 2016 is at the instance of a convict accused namely Patel Akshaykumar, son of Kaushikbhai Ishwarbhai (original accused No.1), whereas the Criminal Appeal No.1150 of 2016 is at the instance of a convict accused namely Panchal Kuldeepkumar, son of Karshanbhai Kalabhai (original accused No.2).

3. Both the appeals are directed against the order of conviction and death sentence dated 17th March 2016 passed by the Additional Sessions Judge, Mehsana at Visnagar in the Sessions Case No.33 of 2012, by which the learned Sessions Judge found the appellants guilty of the offence punishable under Sections 302, 364A and 120B read with 34 and 114 of the Indian Penal Code, and consequently, sentenced them to capital punishment. The Trial Court also convicted the appellants for the offences punishable under Sections 363, 365 and 120B read with 34 and 114 of the I.P.C. and sentenced them to undergo seven years of rigorous imprisonment with fine of Rs. 500/- and in default of payment of fine, to undergo further rigorous imprisonment of twelve months. The Trial Court also convicted both the appellants of the offence punishable under Section 201 of the I.P.C. and sentenced them to undergo rigorous imprisonment for a term of seven years with fine of Rs. 500/- and in default of payment of fine, to undergo further rigorous imprisonment of twelve months.

THE CASE OF THE PROSECUTION:

4. The deceased was a five year old boy. While playing with his friends in the common plot of the society on 17th March 2012 in the evening hours, the deceased went missing. In such circumstances, the father of the deceased namely Pratikkumar Ratilal Madhavlal Patel lodged a missing report at the Visnagar Police Station. The father of the deceased namely Pratikkumar Patel is engaged in the business of manufacturing of submersible pumps running in the name of 'ALLWIN Pumps Industries Limited' situated at the GIDC. The deceased was studying in the Sahjanand Primary School. After the registration of the F.I.R., the police as well as the family members started frantically searching for the missing boy. One of the boys also named Bholu, who was playing with the deceased, informed the father of the deceased that while they all were playing, one person came on a motorcycle and made the deceased, sit with him on the motorcycle and left the place. The children were playing in the common plot. The investigation revealed that the appellants herein had hatched a conspiracy to kidnap the deceased and thereafter demand a ransom of Rs. 50 Lakh from the father of the deceased. According to the case of the prosecution, the deceased was kidnapped by the original accused No.1 namely Akshaykumar as a part of the conspiracy and thereafter the deceased remained in company of the co-accused namely Kuldeepkumar Panchal (the original accused No.2). While the original accused No.2 Kuldeepkumar Panchal remained with the deceased, the original accused No.1 namely Akshaykumar Patel persistently kept on calling up the father of the deceased for the purpose of demanding ransom of Rs. 50 Lakh. On the next day i.e. on 18th March 2012, both the accused took the deceased to the village Rakhav of the Wagdod Taluka and underneath one bridge killed the deceased by slitting his throat with a blade. Thus, according to the case of the prosecution, the deceased a five year old boy was kidnapped from his lawful guardianship for the purpose of ransom and thereafter on the next day, the boy came to be