( 1 ) CRIMINAL appeal No. 4623 of 2004 has been filed by Nandu alias Nand Lal against his conviction under Sections 364-A and 201 IPC and 4/25 of the Arms Act. Criminal appeal No. 4622 of 2004 has been filed by Indrajit Mallah against his conviction under Sections 364-A and 201 IPC. Criminal appeal No. 4624 of 2004 has also been filed by Indrajit Mallah against his conviction under Section 4/25 of the Arms Act. Referred case No. 2 of 2004 under Section 366 of Code of Criminal Procedure has also been sent by the trial court for confirmation of the death sentence awarded to the appellants.

( 2 ) THE aforesaid criminal appeals and referred case under Section 366 of Code of Criminal procedure are connected and being disposed of by this common judgement.

( 3 ) THE aforesaid criminal appeals have been filed by the appellants against the judgement and order dated 13. 1. 2004 passed by the Additional District and Sessions Judge/ Fast Track Court no. 4, Kanpur Nagar in ST. No. 519 of 2002 convicting and sentencing the appellants to a sentence of death and a fine of rupees ten thousand each under Section 364-A IPC and seven years imprisonment and a fine of rupees one thousand each under Section 201 IPC.

( 4 ) THERE were two other S. Ts. before the learned Additional Sessions Judge, i. e. ST. No. 518 of 2002 in the case of Nandu alias Nand Lal and ST. No. 520 of 2002 in the case of Indrajit Mallah under Section 5/25 of the Arms Act, which were connected by the learned Judge with ST. No. 519 of 2002. The appellants were also awarded three years imprisonment under Section 5/25 of the Arms Act and a fine of rupees five hundred each and in case of default of payment of fine in all the three cases, the appellants were to undergo additional imprisonment of one year. No separate sentence was, however, awarded under Section 302 IPC as offence under Section 302 was assimilated in the offence under Section 364-A IPC. The sentences were to run concurrently

( 5 ) IN short, the prosecution version was that two children, Krishna, aged six years, son of the informant Dashrath Sharma, and Raju, aged at 9. 00 A. M on 1. 3. 2002. Krishna was studying in class-I and Raju was studying in Class-11. The children did not return back home and a phone call was received at the informants telephone number by a person describing himself as "shem", who stated that the informants children were with him and that the informant should bring Rs. 300,000/- at Gumti No. 9 at 8. 30 P. M. . However on his visit to the Gomti at the appointed time, no one met him there. After that the informant searched for the children at different places till 4. 3. 2002, but with no success. On 4. 3. 2002, the informant received another phone call at 7. 02 p. M. that if he wanted his children, he should bring Rs. 300,000/- at Gumti No. 9 by 8. 30 P. M. otherwise he would face the consequences. After that Dashrath Sharma lodged a written report about this incident as above on 4. 3. 2002 at 8. 30 P. M at police station Kalyanpur, district Kanpur nagar (Ext, Ka 1) in respect of the abduction of the children.

( 6 ) THE chik FIR (Ext. Ka 4) was recorded by P. W. 5 HC Virendra Singh. He registered the case under Section 364-A IPC at case crime No. 194 of 2002 against an unknown person called "shera". He sent information about this report to the SHO and other higher authorities through r. T. set.

( 7 ) P. W. 8, B. S. Garbyal commenced the investigation of this case. He recorded the 161 Cr. P. C. statements of Vinod, Visendra and Ramesh and inspected the spot and prepared the site plan in his handwriting (Ext. Ka 7) on 5,3. 2002. He again recorded the statement of Ramesh. In the light of those statements, he arrested the appellant Indrajit Mallah at 4. 15 A. M and Nandu alias Nand lal at 5. 45 A. M. on 5. 3. 02. He recorded the statements of the appellants Indrajit Mallah and nandu alias Nand Lal wherein they confessed to having murdered the two children and offered to get their dead bo