JUDGMENT :

Manoj Kumar Vyas, J.

1. Vide this order, Death reference in relation to convict Ankur Padiya and Criminal appeals of convicts Ankur Padiya, Anoop Padiya, Mahaveer Sharma and Karanjeet Singh, preferred against the judgment and order of conviction and sentence dated 26.02.2018 and 19.12.2018 passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases) Kota, in Sessions Case No. 09/2015 (CIS No. 1/2015) Filing No. 478/2015, are being disposed of.

2. According to brief facts of the case, the matter arose out of a written report dated 09.10.2014, Exhibit-P.24, submitted by complainant Puneet Handa son of Madan Mohan Handa, registered at Police Station Jawahar Nagar, Kota. It was alleged in the report that the complainant resided in House No. 398 Talwandi, Kota. On 09.10.2014, his son Rudraksh, aged seven years, was playing in Hanuman Park at around 5-5:30 PM. The park was situated behind the house of complainant. The complainant received a phone call on his landline no. 0744- 2426222 informing him that his son had been kidnapped. The person who made the call abused the complainant and identified himself as Jaffar Mohammad. He demanded ransom of Rs. two crore and threatened that the matter should not be reported to the police. The complainant told him that he was not in a position to arrange this huge amount of money, to which that person threatened him to deposit as much as he could, since he (complainant) was working in a bank and his wife was also working as Teacher in a Convent School. The complainant and his family members searched for the child in the neighbourhood, but to no avail. Hence, the complainant lodged the written report. On the basis of the written report, FIR (Exhibit-P.25) was registered at Police Station Jawahar Nagar, Kota. Next day in the morning, dead body of Rudraksh was found in a canal. After due investigation, charge-sheet was filed in the concerned court. Charges were framed against the convicts, the convicts pleaded not guilty and claimed trial.

3. The prosecution examined 110 witnesses and exhibited 523 documents. The convicts were examined under Section 313 of the Code of Criminal Procedure. The convicts claimed that the statements of witnesses were false.

4. Convict Ankur Padiya replied that he had no idea about the case. On 10.10.2014 he had gone to Delhi and when he returned back, police called him and informed about the case. He was made to sign on some blank papers by the police and was told that there was great pressure of public and media regarding this case. He was also told to cooperate in the matter and promise was made that he would be released soon. On the date of incident, he was in the office.

5. Convict Anoop Padiya replied that on 27.10.2014 when he was in his Lucknow office, 2-3 police officials came there and informed him that standing warrant had been issued against him and he was required to go to Kota. He was made to sign a few blank papers by the police. He further replied that he had no knowledge of the case.

6. Convict Mahaveer made a statement in his examination under Section 313 of the Code of Criminal Procedure that he had been falsely implicated in the case. He had no knowledge about the case.

7. Convict Karanjeet replied that he had been falsely implicated in the case. He had never been to Kota nor he had any acquaintance with any person in Kota. SIMs were not sold by him. He had no knowledge about the person who sold the SIMs to Ankur Padiya and Anoop Padiya.

8. In defence, one witness was examined and as many as sixteen documents were exhibited.

9. Learned Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Cases), Kota vide judgment dated 26.02.2018, convicted and sentenced the accused as under :-

Ankur Padiya

U/s. 302 IPC Death sentence with fine of Rs.50,000/-, in case of default to pay fine, the accused to further undergo six months additional imprisonment.

U/s. 364A IPC Death sentence with fine of Rs.